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Asik Rasool vs The State Of Tamil Nadu Represented By Inspector Of Police And Others

Madras High Court|21 June, 2017
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JUDGMENT / ORDER

The petitioner has come up with the present petitions seeking transfer of investigation of the cases in Crime No.67 of 2016 and 394 of 2015 pending on the file of the 1st Respondent and transfer the same to the 2nd respondent CBCID, Egmore, Chennai, by appointing a competent investigating Officer in the rank of Deputy Superintendent of Police to conduct the investigation and to file a final report.
2. It is the case of the petitioner is that he is doing business of cut and polished diamonds in the name and style of Hope Enterprises, Nungambakkam. He purchases the diamonds from a wholesale merchant and undertake cut and polish work of the diamonds and selling it to the jewelery shops. While so, the accused in Crime No.67 of 2016 and in Crime No.394 of 2015 had received cut and polished diamonds from the petitioner herein under a false promise, that they would inspect the diamonds whether it suits their customers and have acknowledged the approval receipts and promised to return the diamonds within a stipulated time. Since the accused in both the cases failed to return the diamonds as promised, the petitioner has lodged a complaint before the respondent police and an investigation has been carried out. Aggrieved against the investigation procedure, the petitioner has come forward to file these petitions to transfer the case to the CBCID, Egmore, Chennai.
3. Learned Public Prosecutor appearing on behalf of the respondents has no serious objection in transferring these cases to CBCID.
4. Considering the facts and circumstances of the case and also taking note of the no objection expressed by the learned Additional Public Prosecutor, this Court is inclined to transfer the cases in Crime No.67 of 2016 and Crime No.394 of 2015.
R.MAHADEVAN,J.
rm/jv
5. Accordingly, the case in Crime No.67 of 2016 and 394 of 2015, pending on the file of the 1st respondent be withdrawn and transferred to the file of the second respondent viz., CBCID, Egmore, Chennai, who on receipt of the cases shall proceed further in the manner known to law.
6. With the above directions, the Criminal Original Petitions are disposed of.
21.06.2017 rm/jv To
1. The State of Tamil Nadu Represented by Inspector of Police, Central Crime Branch, EDF-I, Team-II, Vepery, Chennai.
2. The Additional Director General of Police, CBCID, Egmore, Chennai 600 008.
3. The Public Prosecutor, High Court, Madras 600 104.
Crl.O.P.Nos.5342 and 5343 of 2017 http://www.judis.nic.in
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Title

Asik Rasool vs The State Of Tamil Nadu Represented By Inspector Of Police And Others

Court

Madras High Court

JudgmentDate
21 June, 2017
Judges
  • R Mahadevan