S.Kousalya vs The State
2021 Latest Caselaw 24897 Mad

                                                                        W.P.(MD)No.3930 of 2019

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Dated: 17.12.2021

                                                       CORAM

                             THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                          W.P.(MD)No.3930 of 2019
                                                   and
                                    W.M.P.(MD)Nos.3047 and 10412 of 2019

                     S.Kousalya                                         ... Petitioner

                                                         Vs.

                     1.The State,
                       Rep. by the Deputy Superintendent of Police,
                       District Crime Branch,
                       Tuticorin,
                       Tuticorin District.
                       [Cr.No.8 of 2018]

                     2.The Superintendent of Police,
                       Tuticorin District,
                       Tuticorin.

                     3.The Director General of Police,
                       Tamil Nadu Police Department,
                       No.1, Dr.Radhakrishnan Salai,
                       Mylapore, Chennai.                                ... Respondents
                     Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                     seeking for issuance of a Writ of Mandamus, directing the third
                     respondent to withdraw the case in Crime No.8 of 2018, on the file of the

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                          W.P.(MD)No.3930 of 2019

                     first respondent, the Deputy Superintendent of Police, District Crime
                     Branch, Thoothukudi and transfer it to the C.B.C.I.D. or to any other
                     investigating agency.
                                       For Petitioner             : Mr.R.Sunil Kumar

                                       For Respondents            : Mr.A.Thiruvadikumar
                                                                    Additional Public Prosecutor

                                                         ORDER

This Writ Petition is filed seeking Mandamus, directing the

third respondent to withdraw the case in Crime No.8 of 2018, on the file

of the Deputy Superintendent of Police (DCB), Thoothukudi and transfer

it to the C.B.C.I.D. or any other investigating agency.

2.The short fact of the case is that the sons of the petitioner

herein are accused in Crime No.8 of 2018. For a grave allegation of

cheating the TANGEDCO, around Rs.9 Crores, a case has been registered

against the sons of the petitioner herein. The petitioner herein alleging

that the investigation has not been properly conducted and the name of

one M.N.V.Sudhakar has been deleted from the F.I.R. without valid

reason in order to favour the said Sudhakar and fixed her husband and

two sons in this case.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.3930 of 2019

3.The learned Additional Public Prosecutor appearing for the

respondents would submit that it is a case of pre-planned fraud

committed by a group of Company, called, Ind-Barath Energies. Nearly, a

sum of Rs.9 Crores has been cheated by the accused persons. The

respondent police has meticulously carried out the investigation and the

final report is ready to be filed at any time. But, due to the interim order

obtained in the present Writ Petition by the petitioner herein, who is no

way connected with the case, filing of final report is put on hold.

4.Relying upon the recent judgment of the Hon'ble Apex Court

in Arnab Ranjan Goswami Vs. Union of India and others [W.P.

(Crl.)No.130 of 2020, dated 19.05.2020], the learned Additional Public

Prosecutor would submit that change of investigating agency cannot be

ordered at the behest of accused persons or the persons interested in the

accused and transfer of investigation to C.B.I. is also not a matter of

routine.

5.This Court is in full agreement with the above submissions

made by the learned Additional Public Prosecutor.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.3930 of 2019

6.A catena of judgments relied and the dictum laid down in

Arnab Ranjan Goswami's case [cited supra], have given quietus to the

issue of transfer of investigation on flimsy ground only with an intention

to delay the prosecution.

7.A detailed counter affidavit filed by the first respondent

clearly discloses the scheme of fraud committed by the accused persons

and the present petition is filed purely to delay the process. Therefore,

this Court finds no merit in this Writ Petition. Hence, this Writ Petition is

dismissed. No costs. W.M.P.(MD)No.16412 of 2019 filed to vacate the

stay granted in W.P.(MD)No.3930 of 2019, dated 21.02.2019, is ordered

and the interim order granted stands vacated. The respondents are

directed to complete the investigation and file final report within 30 days

from the date of receipt of this order. Consequently, connected W.M.P.

(MD)No.3047 of 2019 is closed.

                                                                              17.12.2021

                     Index        :Yes/No





https://www.mhc.tn.gov.in/judis
                                                              W.P.(MD)No.3930 of 2019

                     To

1.The Deputy Superintendent of Police, District Crime Branch, Tuticorin, Tuticorin District.

2.The Superintendent of Police, Tuticorin District, Tuticorin.

3.The Director General of Police, Tamil Nadu Police Department, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.3930 of 2019

DR.G.JAYACHANDRAN, J.

smn2

W.P.(MD)No.3930 of 2019

17.12.2021

https://www.mhc.tn.gov.in/judis