Madras High Court
S.Ruby Nalini vs The State on 16 August, 2019
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
1 Crl.O.P.No.17084 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2019
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.17084 of 2016
S.Ruby Nalini ... Petitioner
Vs.
1.The State,
Represented by The Director General of Police,
Office of the Director General of Police,
Dr.Radhakrishnan Salai,
Mylapore,
Chennai-600 004.
2.The Commissioner of Police,
Office of the Commissioner of Police,
Vepery,
Chennai-600 007.
3.The State, rep.by
The Inspector of Police,
R-1, Mambalam Police Station,
T.Nagar, Chennai.
4.The State, rep.by
The Inspector of Police,
CBCID Office,
Egmore, Chennai-600 008.
... Respondents
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2 Crl.O.P.No.17084 of 2016
Prayer: This Criminal Original Petition is filed under Section 482 of
Criminal Procedure Code, to direct the 1st respondent police to further
direct to transfer the investigation to CBCID (4th respondent and
expedite the investigation and find the real culprits in Crime No.1971 of
2014, pending on the file of the 3rd respondent.
For Petitioner : Mr.R.Muniyapparaj
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to transfer the investigation in Cr.No.1971 of 2014, pending on the file of the 3rd respondent.
2.The learned counsel for the petitioner submitted that the petitioner was getting down from the bus on 21.12.2014 and at that point of time, started getting messages in her mobile phone to the effect that money has been withdrawn by using her ATM Card to an extent of Rs.1,11,000/-. The petitioner immediately gave a complaint to the respondent Police. It was also recorded in the CCTV at four ATM Centres where the ATM Card was used and it was found that the same ladies had used the ATM Card and swindled the amount. http://www.judis.nic.in 2/6 3 Crl.O.P.No.17084 of 2016
3.The learned counsel for the petitioner further submitted that even though the incident had taken place in the year 2014, there was absolutely no progress in the investigation, and therefore the present petition has been filed seeking for transfer of investigation to CBCID.
4.The learned Additional Public Prosecutor on instructions, submitted that the case is still under investigation and the respondent Police are not able to trace the accused persons.
5.Taking into consideration the facts and circumstances of the case, this Court is of the considered view that the 3 rd respondent is not effectively investigating this case, inspite of the fact that the faces of the accused persons is clearly revealed in the CCTV Camera at four ATM Centres, where the ATM Card belonging to the petitioner was misused. Therefore, this Court is inclined to transfer the investigation from the file of the 3rd respondent.
6.This Criminal Original Petition is disposed of with a direction to the 3rd respondent to hand over the entire case diary to the Deputy Commissioner, CCB, Chennai, within a period of two weeks from http://www.judis.nic.in 3/6 4 Crl.O.P.No.17084 of 2016 the date of receipt of copy of this order. Immediately, on receipt of the case diary, the Deputy Commissioner, CCB, Chennai, shall allot this case to the concerned team which specialise in such Credit Card/ATM Card frauds. The investigation shall be completed within a period of four months, thereafter a Final Report shall be filed by bringing all the accused persons to book and the money shall be recovered from them.
16.08.2019 Index :Yes/No Internet:Yes/No KP http://www.judis.nic.in 4/6 5 Crl.O.P.No.17084 of 2016 To
1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.
2.The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.
3.The Inspector of Police, R-1, Mambalam Police Station, T.Nagar, Chennai.
4.The Deputy Commissioner, CCB, Chennai.
5.The Inspector of Police, CBCID Office, Egmore, Chennai-600 008.
6.The Public Prosecutor, High Court, Madras.
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