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2025 DAILYLAW 65903 (MAD)

T.N.RAJENDIRAN v. THE STATE REP. BY

CRL OP/16433/2024 · 2025-02-12

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.16433 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.02.2025 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.16433 of 2024 T.N.Rajendiran ... Petitioner Vs 1. The State Rep. By The Superintendent of Police, Vellore District, Vellore. 2. The Inspector of Police, Gudiyatham Town Police Station, Vellore District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent police to transfer the investigation in Crime No.1071 of 2012 pending on the file of the second respondent police to CBCID, Vellore, Vellore District within the jurisdiction of first respondent police. For Petitioner : Mr.E.Kannadasan For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side) ORDER This Criminal Original Petition has been filed for direction directing the first respondent police to transfer the investigation in Crime No.1071 of 2012 pending on the file of the second respondent police to CBCID, Vellore, https://www.mhc.tn.gov.in/judis Crl.O.P.No.16433 of 2024 Vellore District within the jurisdiction of first respondent police. 2. Heard both sides and perused the materials available on record. 3. The petitioner is the complainant and lodged a complaint alleging that the accused broke open the bureau in the house of the complainant and took away 200 sovereigns of gold jewels. On receipt of the complaint, the second respondent registered FIR on 19.11.2012 in Crime No.1071 of 2012 for the offences punishable under Sections 457, 380 of IPC. So far, the second respondent had secured four accused and recovered only 10 sovereigns and there are two more persons and yet to secure them. For the past 13 years, the crime is pending without even securing other accused persons and without any further recovery. In fact, the second respondent had already secured four accused and the investigation is still pending. 4. Therefore, if the investigation continues with the second respondent, the petitioner would not get fair investigation, since the second respondent did not even take any steps to secure two other accused and recover the remaining jewels from the arrested accused. Page 2 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.16433 of 2024 5. In view of the above, this Court is inclined to transfer the case in Crime No.1071 of 2012 pending on the file of the second respondent police. Accordingly, the entire case diary in Crime No.1071 of 2012 is hereby withdrawn from the file of the second respondent and transferred to the file of the CBCID, Vellore, Vellore District for proper and fair investigations. On receipt of the entire case diary in Crime No.1071 of 2012, the CBCID, Vellore, Vellore District is directed to complete the investigation and file a final report, within a period of twelve weeks thereafter. 6. In the result, this Criminal Original Petition stands allowed. 12.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.16433 of 2024 G.K.ILANTHIRAIYAN. J, mn To 1. The State Rep. By The Superintendent of Police, Vellore District, Vellore. 2. The Inspector of Police, Gudiyatham Town Police Station, Vellore District. 3. The Public Prosecutor, High Court, Madras. Copy to The CBCID, Vellore, Vellore District. Crl.O.P.No.16433 of 2024 12.02.2025 https://www.mhc.tn.gov.in/judis