High Court · 2024

Crl.O.P.No.1734 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.02.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHCrl.O.P No.1734 of 2024Mrs.Ravi...PetitionerVs.1.The Superintendent of Police, Vellore District, Vellore.2. The Inspector of Police, Paradarami Police Station, Vellore District.3. The Inspector of Police, CBCID, Vellore District, Vellore ...RespondentsCriminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to transfer the investigation from the 2nd respondent in Crime No.213 of 2023 to the 3rd respondent.For Petitioner: Mr.R.VenkateshFor Respondent: Mr.A.Damodaran, APP 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024ORDER This petition has been filed seeking for transfer of investigation in Crime No.213 of 2023 pending on the file of the 2nd respondent to any other investigating agency.2. Heard Mr.R.Venkatesh, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondent.3. The specific case of the petitioner is that there was a large scale decoity that had taken place. Based on which, a complaint came to be given by the petitioner before the 2nd respondent. An FIR was registered in Crime No.213 of 2023 as if it was merely a case of theft and for other offenses. Even thereafter, there was no progress in the investigation. Therefore, left with no other option, the present criminal original petition has been filed before this Court seeking for transfer of investigation.4. A status report has been filed by the 2nd respondent and the relevant portions are extracted hereunder :- 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 20249.It is submitted that during the course of investigation , Ajith/A-2 and Venkatesan/A-3 obtained the Anticipatory bail before this Hon'ble High Court of Madras in Crl OP No.26830 of 2023 dated 06.01.2024.10.It is submitted that subsequently on 05.12.2023, the petitioner Tmt.Rosi, who is the wife of Mohan /A-1 lodged a complaint before the respondent police in which stated that on 14.11.2023 at about 21.30 hours, the deceased persons relation tresspassed into her house and theft Rs.6,12,500/- silver anklets, Silver wire and 15 Sovereigns Gold and damaged the petitioner house and threatened her with dire consequences.11. It is submitted that based on the petitioner complaint, a case was registered in Paradarami Police station, Cr.No.213 of 2023 under Section 147, 148, 448, 294(b), 27, 380& 506(ii) IPC on 05.12.2023 at about 11.00 hours by Tr.D.Selvakumar, the Sub Inspector of Police and submitted before me for investigation.12. It is submitted that on 14.11.2023, there is a dispute happened between deceased party and the accused Mohan A-1 party. Based on that both the party lodged a complaint and CSR was assigned CSR No.598 of 2023 and 599 of 2023 dated 14.11.2023. The both the party appeared before the respondent police station and came to compromise.13.It is submitted that on 24.12.2023, again there is a dispute happened between the petitioner and deceased brother Thangapandi. Based on that both the party lodged a complaint and CSR was assigned CSR No.668 of 2023 and 669 of 2023 dated 24.12.2023.14.It is submitted that on 03.01.2024, again there is a dispute happened between he petitioner and deceased party. Based on that both the party lodged a complaint and CSR was assigned in CSR No.04/2024 and 06/2024, dated 03.01.2024.15. It is submitted that the respondent police came to a conclusion that both parties involved in a dispute. Based on that a case was registered in C No.01 of 2024, U/s.107 of Cr.PC and produced the same before the Revenue Divisional 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024Officer, Gudiyatham, to conduct a peace meeting in the village and compromise both the parties and the same is yet to be conducted.5.The learned Additional Public Prosecutor appearing on behalf of respondent police submitted that there are repeated complaints given by both the parties and hence, the 2nd respondent is not able to make any substantial progress in the investigation in Crime No.213 of 2023. The learned Additional Public Prosecutor submitted that since both the parties are continuously filing complaints and it is creating a law and order problem, the matter has now been referred to the RDO, Gudiyatham in Crime No.1 of 2024 under Section 107 of Cr.PC. The learned RDO, Gudiyatham, was requested to conduct a peace committee meeting and to compromise the dispute between both the parties.6.In the considered view of this Court, the specific allegation made by the petitioner is that there was a large scale decoity that took place and it has been dealt with as if it was a case of theft. That apart, it is also seen that there are repeated disputes between the rival parties resulting in series of complaints which are all pending at the CSR enquiry stage. Therefore, the 2nd respondent has referred the matter to the RDO, 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024Gudiyatham to conduct a peace committee meeting and to attempt a compromise between the parties.7.The FIR that has been registered in Crime No.213 of 2023 must reach its logical conclusion. The matter has already been referred to the RDO, Gudiyatam, to conduct a peace committee meeting. In view of the same, as a first step, the RDO, Gudiyatham, shall call both the parties and see if the matter can be compromised amicably between the parties. If it cannot be compromised, a report to that effect shall be submitted. This process shall be completed by the RDO, Guidyatham, within a period of four weeks from the date of receipt of a copy of this order. If ultimately, the matter is not being able to be amicably resolved by the RDO, Gudiyatham. the investigation that is pending in Crime No.213 of 2024 before the 2nd respondent shall be transferred to the file of Deputy Superintendent of Police, Gudiyatham. The Deputy Superintendent of Police, Gudiyatham, shall take up the investigation and shall proceed further and complete the same as expeditiously as possible not later than three months thereafter. If ultimately, all the related complaints must also be enquired, the same shall be done by the Deputy Superintendent of Police, Gudiyatham. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024N.ANAND VENKATESH, J rka8.This Criminal Original Petition is disposed of in the above terms. 19.02.2024Index: Yes/NoInternet: Yes/NoSpeaking Order :Yes/NorkaTo1.The Superintendent of Police, Vellore District, Vellore.2. The Inspector of Police, Paradarami Police Station, Vellore District.3. The Inspector of Police, CBCID, Vellore District, Vellore4.The Public Prosecutor, High Court, Madras.Crl.O.P.No.1734 of 20246/6

Crl.O.P.No.1734 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 19.02.2024CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESHCrl.O.P No.1734 of 2024Mrs.Ravi...PetitionerVs.1.The Superintendent of Police, Vellore District, Vellore.2. The Inspector of Police, Paradarami Police Station, Vellore District.3. The Inspector of Police, CBCID, Vellore District, Vellore ...RespondentsCriminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to transfer the investigation from the 2nd respondent in Crime No.213 of 2023 to the 3rd respondent.For Petitioner: Mr.R.VenkateshFor Respondent: Mr.A.Damodaran, APP 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024ORDER This petition has been filed seeking for transfer of investigation in Crime No.213 of 2023 pending on the file of the 2nd respondent to any other investigating agency.2. Heard Mr.R.Venkatesh, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for respondent.3. The specific case of the petitioner is that there was a large scale decoity that had taken place. Based on which, a complaint came to be given by the petitioner before the 2nd respondent. An FIR was registered in Crime No.213 of 2023 as if it was merely a case of theft and for other offenses. Even thereafter, there was no progress in the investigation. Therefore, left with no other option, the present criminal original petition has been filed before this Court seeking for transfer of investigation.4. A status report has been filed by the 2nd respondent and the relevant portions are extracted hereunder :- 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 20249.It is submitted that during the course of investigation , Ajith/A-2 and Venkatesan/A-3 obtained the Anticipatory bail before this Hon'ble High Court of Madras in Crl OP No.26830 of 2023 dated 06.01.2024.10.It is submitted that subsequently on 05.12.2023, the petitioner Tmt.Rosi, who is the wife of Mohan /A-1 lodged a complaint before the respondent police in which stated that on 14.11.2023 at about 21.30 hours, the deceased persons relation tresspassed into her house and theft Rs.6,12,500/- silver anklets, Silver wire and 15 Sovereigns Gold and damaged the petitioner house and threatened her with dire consequences.11. It is submitted that based on the petitioner complaint, a case was registered in Paradarami Police station, Cr.No.213 of 2023 under Section 147, 148, 448, 294(b), 27, 380& 506(ii) IPC on 05.12.2023 at about 11.00 hours by Tr.D.Selvakumar, the Sub Inspector of Police and submitted before me for investigation.12. It is submitted that on 14.11.2023, there is a dispute happened between deceased party and the accused Mohan A-1 party. Based on that both the party lodged a complaint and CSR was assigned CSR No.598 of 2023 and 599 of 2023 dated 14.11.2023. The both the party appeared before the respondent police station and came to compromise.13.It is submitted that on 24.12.2023, again there is a dispute happened between the petitioner and deceased brother Thangapandi. Based on that both the party lodged a complaint and CSR was assigned CSR No.668 of 2023 and 669 of 2023 dated 24.12.2023.14.It is submitted that on 03.01.2024, again there is a dispute happened between he petitioner and deceased party. Based on that both the party lodged a complaint and CSR was assigned in CSR No.04/2024 and 06/2024, dated 03.01.2024.15. It is submitted that the respondent police came to a conclusion that both parties involved in a dispute. Based on that a case was registered in C No.01 of 2024, U/s.107 of Cr.PC and produced the same before the Revenue Divisional 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024Officer, Gudiyatham, to conduct a peace meeting in the village and compromise both the parties and the same is yet to be conducted.5.The learned Additional Public Prosecutor appearing on behalf of respondent police submitted that there are repeated complaints given by both the parties and hence, the 2nd respondent is not able to make any substantial progress in the investigation in Crime No.213 of 2023. The learned Additional Public Prosecutor submitted that since both the parties are continuously filing complaints and it is creating a law and order problem, the matter has now been referred to the RDO, Gudiyatham in Crime No.1 of 2024 under Section 107 of Cr.PC. The learned RDO, Gudiyatham, was requested to conduct a peace committee meeting and to compromise the dispute between both the parties.6.In the considered view of this Court, the specific allegation made by the petitioner is that there was a large scale decoity that took place and it has been dealt with as if it was a case of theft. That apart, it is also seen that there are repeated disputes between the rival parties resulting in series of complaints which are all pending at the CSR enquiry stage. Therefore, the 2nd respondent has referred the matter to the RDO, 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024Gudiyatham to conduct a peace committee meeting and to attempt a compromise between the parties.7.The FIR that has been registered in Crime No.213 of 2023 must reach its logical conclusion. The matter has already been referred to the RDO, Gudiyatam, to conduct a peace committee meeting. In view of the same, as a first step, the RDO, Gudiyatham, shall call both the parties and see if the matter can be compromised amicably between the parties. If it cannot be compromised, a report to that effect shall be submitted. This process shall be completed by the RDO, Guidyatham, within a period of four weeks from the date of receipt of a copy of this order. If ultimately, the matter is not being able to be amicably resolved by the RDO, Gudiyatham. the investigation that is pending in Crime No.213 of 2024 before the 2nd respondent shall be transferred to the file of Deputy Superintendent of Police, Gudiyatham. The Deputy Superintendent of Police, Gudiyatham, shall take up the investigation and shall proceed further and complete the same as expeditiously as possible not later than three months thereafter. If ultimately, all the related complaints must also be enquired, the same shall be done by the Deputy Superintendent of Police, Gudiyatham. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1734 of 2024N.ANAND VENKATESH, J rka8.This Criminal Original Petition is disposed of in the above terms. 19.02.2024Index: Yes/NoInternet: Yes/NoSpeaking Order :Yes/NorkaTo1.The Superintendent of Police, Vellore District, Vellore.2. The Inspector of Police, Paradarami Police Station, Vellore District.3. The Inspector of Police, CBCID, Vellore District, Vellore4.The Public Prosecutor, High Court, Madras.Crl.O.P.No.1734 of 20246/6