Dr.M.Jebamani v. The Superintendent of Police

ORDER This petition is filed to direct the first respondent to transfer the investigation in respect of the First Information Report in Crime No.859 of 2017 dated 26.11.2017 on the file of the second respondent and to file final report by conducting proper enquiry in accordance with law.

¶2The learned counsel appearing for the petitioner would contend that the petitioner has given complaint for theft of 74 sovereigns of gold jewels and Rs.20,000/- committed in his house before the second respondent and the second respondent has registered a case in Crime No.859 of 2017 dated 26.11.2017 for the offences under Sections 457,380 of IPC and still now they have not traced the real accused and the investigation was not conducted in a proper manner. Hence he prayer for transfer of investigation from the file of the second respondent to the third respondent or any other agency.

3.The learned Additional Public Prosecutor appearing for the respondents would contend that inspite of the best efforts taken by the second respondent the accused persons are untraceable and after investigation the case now has been closed as undetected.

¶4Considering the above said submission and considering the nature of offence and also the property involved in this case it is appropriate to transfer the investigation from the file of the second respondent to the Deputy Superintendent of Police, Samayanallur for investigating the case.

¶5In view of the same, this Court directs the second respondent to hand over the case bundles in Crime No. 859 of 2017 to the Deputy Superintendent of Police, Samayanallur who in turn after receipt of case bundles is directed to investigate the case and file final report as early as possible within a period of two months from the date of receipt of case bundles.

¶6With the above direction, the Criminal Original Petition is disposed of.

15.09.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No aav To

¶1The Superintendent of Police Madurai District

¶2The Deputy Superintendent of Police Samayanallur.

¶3The Inspector of Police Nagamalai Pudukottai Police Station Madurai District

¶4The Inspector of Police CBICD, No.7, Kamarajar Salai 2nd Street, Chinnachokkikulam Maduri District

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. P. DHANABAL,J. aav

15.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.09.2023 CORAM: THE HONOURABLE MR. JUSTICE P. DHANABAL Dr.M.Jebamani ...Petitioner Vs 1. The Superintendent of Police Madurai District 2. The Inspector of Police Nagamalai Pudukottai Police Station Madurai District 3. The Inspector of Police CBICD, No.7, Kamarajar Salai 2nd Street, Chinnachokkikulam Maduri District ...Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to direct the first respondent to transfer the investigation in respect of the First Information Report in Crime No.859 of 2017 dated 26.11.2017 on the file of the second respondent and to file final report by conducting proper enquiry in accordance with law. For Petitioner : Mr.R.Venkatesan for M/s. Right law Associates For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor