Jeyapaul v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN Jeyapaul ... Petitioner Vs.
1.The Inspector of Police, South Zone, Madurai, Madurai District.
2.The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar, Virudhunagar District.
3.The Inspector of Police, CBCID, Virudhunagar District.
4.The Inspector of Police, Srivilliputhur Police Station, Virudhunagar District.
... Respondents 1/5
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in crime No.448 of 2019 on the file of the Inspector of Police, Srivilliputhur Police Station, Virudhunagar District/4th respondent herein to the file of the 3rd respondent / The Inspector, CBCID, Virudhunagar District herein or to any other Independent Investigation Agency. For Petitioner : Mr.R.Ilayaraja For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This Criminal Original Petition is filed seeking for a direction to transfer the investigation in Crime No.448 of 2019 on the file of the Inspector of Police, Srivilliputhur Police Station, Virudhunagar District/4th respondent herein to the file of the 3rd respondent / The Inspector, CBCID, Virudhunagar District herein or to any other Independent Investigation Agency.
2. It is submitted by the learned counsel for the petitioner that the petitioner has given a complaint before the fourth respondent police stating that on 22.09.2022, door of his house was brok open and committed theft of 45 Soverigns of gold jewels. Thereafter, the 4th respondent has registered the case in Crime No. 448 of 2019 for the offences punishable under Sections 457 and 380 IPC, stating 2/5
that 29 Soverings of Jewels were missing. He further submitted that in spite of the said complaint, police has not conducted the investigation properly. Therefore, the petitioner sought for transfer of investigation.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the police officials are making all possible efforts to find the culprit man and to recover the gold ornaments. According to him, so far, 14 witnesses have been examined, call data was also recovered, 14 suspected persons were interrogated and finger prints of the 76 suspected persons were also tried to match. However, so far, no clue was found out, as to how the theft was committed.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police requested time to complete the investigation by forming a special team.
5. In view of the above submissions, this Criminal Original Petition is disposed of, with a direction to the fourth respondent police to complete the 3/5
process of investigation and to file the final report within a period of three months from the date of receipt of a copy of this order. Speaking : Yes / No 30.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tta To 1.The Inspector of Police, South Zone, Madurai, Madurai District.
2.The Superintendent of Police, O/o. Superintendent of Police, Virudhunagar, Virudhunagar District.
3.The Inspector of Police, CBCID, Virudhunagar District.
4.The Inspector of Police, Srivilliputhur Police Station, Virudhunagar District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
DR.D.NAGARJUN. J.
tta Crl.O.P.(MD)No.18801 of 2022 30.08.2023 5/5