IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:22-2-2011 CORAM THE HONOURABLE MR. JUSTICE G.M. AKBAR ALI CRL.O.P.No.21269 of 2010 M. Mani ... Petitioner vs 1. The Secretary to Government Home Department, Government of Tamil Nadu Fort St. George, Chennai-600 009 2. The Director General of Police O/o Director General of Police Santhome, Chennai-600 004 3. The Inspector General of Police North Zone, St. Thomas Mount Chennai-600 016 4. The Dy. Inspector General of Police Villupuram Range, Villupuram 5. The Superintendent of Police Villupuram District 6. Rajendran 7. Vinayagam 8. N. Gajendran Criminal Original Petition filed under Section 482 Cr.P.C. for the reliefs as stated therein. For petitioner : Mr.S. Devakumar For R.1 to R.5 : Mr.S. Rajakumar Govt. Advocate (Crl.Side) For R.6 : Mr.R.S. Sampathkumar ORDER By consent, the matter is taken up for final disposal. 2. The petition is filed seeking a direction to withdraw the case in Cr.No.147 of 2009 dated 11.12.2009 on the file of the https://hcservices.ecourts.gov.in/hcservices/ 8th respondent police for true and proper investigation on the petitioner's complaint dated 11.12.2009 by any independent investigating agency, particularly CBCID. 3. The petitioner is the defacto-complainant. The contents of the complaint is as follows: Within the jurisdiction of Sathymangalam Police, Villupuram, there exists a Mutt named Kadamba pathi mutt and one Kandasamy is the Madathipathi. The complainant was assisting the Mutt for the last 20 years. On 10.12.2009 around 11.30 p.m, there was a commotion in the ground floor, where the complainant was sleeping. Ten unknown persons trespassed into the Mutt with deadly weapons and assaulted the complainant and made him to take them to first floor, where the Madathipathi was sleeping. On hearing the voice of the complainant, he opened the door and four persons entered into the room with deadly weapons. They criminally intimidated the complainant and the Madathipathi and they were detained in the room. The others broke open various rooms and after some time, they left . When the Madathipathi and the complainant went around the Mutt they found that the gang has looted 6 ¼ sovereigns of gold jewels, 7 grams of silver, two cell phone, 6 bangles and two platinum rings. The total value of the above articles is Rs.1,16,000/- and they have also taken the two wheeler bearing Registration NO.TN32-K 6386. A complaint was lodged. On receipt of this complaint, the first respondent has registered the case for the offence punishable under Secs.457, 380 and 394 IPC against four unknown persons and the case is pending investigation from 11.12.2009. 4. The Head of the Mutt gave a representation on 21.12.2009 to the Superintendent of Police stating that there is no progress in the investigation by the 8th respondent and a letter was also addressed by the counsel for the Mutt. It is stated that in the complaint of the petitioner dated 11.12.2009, the description of various valuables were given which included 160 grams of platinum chain and two diamond rings of 10 gram each, but the 8th respondent has manipulated the First Information Report by excluding these three valuables. 5. There were further representation by the petitioner, Mutt and their counsel alleging unfair investigation by the 8th respondent. Not satisfied with the progress of the case, the petitioner is before this court for transfer of investigation to CB CID. 6. The first respondent is the Home secretary; the 2nd respondent is the Director General of Police and the Inspector General of Police, Deputy Inspector General of Polcie, , Superintendent of Police, Villupuram, are respondents 3 to 5 respectively., the Deputy Superintendents of Police, Thiruvannamalai and Villupuram are added as respondents 6 and 7 and the 8th respondent is the investigating officer. https://hcservices.ecourts.gov.in/hcservices/ 7. Meanwhile, on the instruction of 5th respondent, the investigation has been entrusted to the Inspector of Police, Valathi Police Station, who is now investigating. The respondents 6 and 7 have filed their counter stating that the investigation is in the right direction and one Raji alias Rajesh was apprehended by the Meenambakkam Police on 7.7.2010 and his confession would reveal his involvement in the commission of this offence and also the involvement of one Senthil, who is still absconding. 8. The Inspector of Police, Valathi Police Station has filed a counter about the progress of investigation. The sum and substance of the stand taken by the police is that the First Information Report was registered based on the complaint as given by the petitioner and the 8th respondent has meticulously conducted the investigation. One Raja was arrested on suspicion and on confession, it was found that one Arulananda Pandian, Paramaguru, senthil and Raji alias Rajesh have committed the offence and a stolen motorcycle was seized. 9. It is also submitted that the said Arulananda Pandian and Paramaguri were arrested and a cell phone was seized. It is further submitted that Raji alias Rajesh was taken to police custody and on his confession, a silver ring, some valuables were recovered along with one Platinum biscuit, weighing 120 grams. 10. It is also submitted that the absconding accused viz., Senthil is in possession of the part of the stolen jewels and steps are being taken to recover the same. 11. Mr.S. Devakumar, learned counsel for the petitioner would submit that a platinum chain, weighing 160 grams and two diamond rings were stolen and the 8th respondent has conveniently excluded those items and a meagre valuables are shown as recovered items. The learned counsel pointed out that the 8th respondent has shown recovery of a platinum bar of 120 grams much less than the quantity stolen and the platinum jewellery cannot be converted into platinum bar and therefore contended that the 8th respondent was not fair in investigation. 12. The learned counsel relied on an order passed by this Court in 6804 of 2009 dated 11.9.2009, wherein, in similar circumstances, this Court has transferred the investigation to CB CID for a proper and unbiased investigation. 13. Heard and perused the materials available on record. 14. The grievance of the petitioner seems to be that some of the valuables and more particularly, a platinum ornament weighing 160 grams and two diamond rings were not shown as missing properties. The printed First Information Report would show 2 grams of platinum ring and 7 grams of platinum wire. However, the investigation would reveal that they have seized a platinum bar weighing 120 grams. It is also tested in the laboratory and found to be 99.64% of platinum. https://hcservices.ecourts.gov.in/hcservices/ 15. In the typed set of paper, the petitioners have produced invoice of purchase of platinum chain around 162 grams. As stated, the grievance of the petitioner seems to be that the more valuable platinum chain of 160 grams was not shown as the stolen property and they may ultimately lose the seized property. 16. Except this, the investigation is now with the Inspector of police, Valathi Police Station as per the orders of the 5th respondent and it is stated that there is yet another absconding accused who is in possession of a part of stolen properties. 17. In these circumstances, I am of the considered view that the investigation need not be transferred to CB CID, but a direction can be given to the investigating officer to include the platinum chain of 160 grams and two diamond rings in the list of stolen properties from the Kadamba pathi Mutt and proceed with the investigation. *”It is claimed by the learned Counsel for the petitioner that there are other valuables, which are mentioned in their complaint dated 07.06.2010 addressed to the 4th respondent and therefore, the investigation officer is directed to include those items mentioned in the complaint dated 7.06.2010 in the list of stolen properties.” 18. Therefore the petition is disposed of with a direction to the Inspector of Police, Valathi Polcie station to include the platinum chain of 160 grams and two diamond rings in the list of properties stolen from the Kadamba pathi Mutt and complete the investigation within a period of two months from the date of receipt of copy of this order. * “The 4th respondent is directed to monitor the investigation.” sr Sd/- Asst.Registrar 10.3.2011 * Corrected as per order of this Court dated 17.3.2011 in Crl.O.P.No.21269/2010 Sd/- Asst.Registrar /True copy/ Sub.Asst.Registrar To 1. The Secretary to Government Home Department, Government of Tamil Nadu Fort St. George, Chennai-600 009 https://hcservices.ecourts.gov.in/hcservices/ 2. The Director General of Police * To be substituted the O/o Director General of Police order already despatched Santhome, Chennai-600 004 on 15.3.2011. 3. The Inspector General of Police North Zone, St. Thomas Mount Chennai-600 016 4. The Dy. Inspector General of Police Villupuram Range, Villupuram 5. The Superintendent of Police Villupuram District 6. The Inspector of Police, Sathiyamangalam Police Station, Gingee Taluk, Villupuram District. 7. The Public prosecutor, High Court, Chennai + 8 cc to Mr.S.Devakumar, Advocae SR.*19331 + 1 cc to Mr.R.S.Sampathkumar, Advocate SR.12565 PKB (CO) RRI/10.3.2011 Crl.O.P.No.21269 of 2010 TP/23.3.2011. https://hcservices.ecourts.gov.in/hcservices/