Vanisri.R v. The Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.14877 of 2023 R.Vanisri ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

3.The Inspector of Police, Crime Branch CID, Office of the District Collector Campus, Virudhunagar District. ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation on the file of the second respondent in Crime No.64 of 2023 on the file of the third respondent and to direct the third respondent to complete the investigation in a fair and transparent manner and file final report within the stipulated period fixed by this Court. For Petitioner : Mr.M.Kannan For Respondents : Mr.S.S.Madhavan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed seeking for transfer of investigation in Crime No.64 of 2023 registered against the accused for the offence punishable under Sections 406 and 420 IPC from the file of the second respondent Police to any other competent Officer.

¶2It is submitted by the learned counsel appearing for the petitioner that on a complaint given by the petitioner, the Police have registered a case against the accused in Crime No.64 of 2023 for the offence punishable under Sections 406 and 420 IPC. It is submitted that the accused has informed the petitioner that he has handed over the jewels to the Police and the Police have not either submitted the jewels to the Court or handed over to the petitioner and that the Police have demanded money from the petitioner for returning of jewels to the petitioner. Accordingly, the petitioner filed a complaint before the Superintendent of Police and on enquiry, the concerned Sub-inspector was allegedly placed under suspension. Since the petitioner has made the complaint against the second respondent Police, she sought for transfer of investigation.

¶3The learned Government Advocate (Criminal side) appearing for the official respondents that the jewels of the petitioner are pledged by the accused before PM Gold Finance and the Police are in the process of recovering the same.

¶4In view of the submission made by the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the official respondents, since the investigation is being proceeded in proper line, this Criminal Original Petition is disposed of directing the respondents Police to complete the investigation within a period of eight weeks from the date of receipt of a copy of this order and the Police are directed to deposit the jewels before the concerned Court soon after recovery of the same. Index : Yes/No

25.08.2023 Internet : Yes/No ssb To

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

3.The Inspector of Police, Crime Branch CID, Office of the District Collector Campus, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DR.D.NAGARJUN. J.

ssb

25.08.2023