Madras High Court
R.Sathyamurthy vs The Superintendent Of Police on 29 October, 2015
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 29.10.2015 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.3932 of 2015 R.Sathyamurthy .. Petitioner Vs 1.The Superintendent of Police, O/o.Police Superintendent, Vellore. 2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Ambur Sub-Division, Ambur, Vellore. 3.The Inspector of Police, Taluk Police Station, Ambur, Vellore. .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to withdraw the above case in Cr.No.105 of 2012 from the file of Deputy Superinendent of Police, District Crime Branch, Vellore and transfer the investigation to the file of CBCID, Vellore District directly under the supervision of not less than the Rank of Superintendent of Police and complete the investigation and file the Final Report as expeditiously as possible within the stipulated time as fixed by this Honble Court. For Petitioner : Mr.S.Xavier Felix For Respondents : Mr.C.Emalias, APP O R D E R
This petition has been filed to transfer the investigation in Cr.No.105 of 2012 on the file of the Deputy Superinendent of Police, District Crime Branch, Vellore to the file of CBCID, Vellore District and supervise the investigation not less than the Rank of Superintendent of Police and to complete the investigation and file Final Report within a stipulated time.
2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.
3. It is the case of the de facto complainant that he is into pawn broking business and that, some thieves have broken open his shop and had stolen away 7.9kgs of gold and about 65kgs of silver ornaments on 30.01.2012, in connection with which, a case in Crime No.105 of 2012 under Section 457, 380 IPC was registered by the 3rd respondent police.
4. Since there was no progress in the investigation, the petitioner filed Crl.OP.No.3793 of 2014 for transferring the investigation to the file of the Deputy Superintendent of Police, District Crime Branch, Vellore. Even thereafter, there was no progress in the investigation and therefore, the petitioner approached this Court in this petition for transferring the investigation to CBCID.
5. At this juncture, this Court summoned the Deputy Superintendent of Police, District Crime Branch, Vellore District to file Status Report. Mr.M.Rathnavel, Deputy Superintendent of Police, DCB, Vellore District filed Status Report and undertook to pursue the investigation seriously.
6. Today, the learned Additional Public Prosecutor submits that the police have arrested one Tamilmani, main mastermind behind the robbery on 01.10.2015 and the special team has been formed to nab the other accused whose involvement had surfaced, during the interrogation of the arrested accused. Since the investigation is going on in right lines, this Court is of the view that, it will not be in the interest of the de facto complainant, to transfer the investigation to any other agency as that will further retard the progress of investigation.
7. In the result, this Court directs the Deputy Superintendent of Police, DCB, Vellore to earnestly pursue with the investigation in Crime No.105 of 2012 and take steps to recover the stolen articles and bring the offendors to justice. With the above direction, this petition is closed.
29.10.2015 gya To
1.The Superintendent of Police, O/o.Police Superintendent, Vellore.
2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Ambur Sub-Division, Ambur, Vellore.
3.The Inspector of Police, Taluk Police Station, Ambur, Vellore.
4.The Public Prosecutor, High Court, Madras.
P.N.PRAKASH, J.
gya CRL.OP.No.3932 of 2015 29.10.2015