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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R. SWAMINATHAN, J.
P.V. Prabaharan & Another - Appellant
Versus
The Inspector General of Police, Tamil Nadu & Others - Respondents
Crl.O.P.(MD)Nos. 11975 to 11979 of 2015 & M.P.(MD)Nos. 1, 1, 1, 1, 2, 2, 2 & 2 of 2015
Decided on : 20-01-2021
Transfer of Investigation - Criminal Original petition is filed under Section 482 of Cr.P.C - Crime No.249 of 2014, Crime No.328 of 2014, Crime No.1427 of 2014, Crime No.628 of 2014, Crime No.162 of 2014 - Summary: The court directed the transfer of investigation to an independent agency for further investigation in the cases where the petitioners were sought to be implicated as recipients of stolen gold jewellery.
Fact of the Case:
The petitioners, running a jewellery firm, sought transfer of investigation in cases where they were implicated as recipients of stolen gold jewellery. They alleged predatory visits and pressure exerted by multiple police stations.
Finding of the Court:
The court found that the petitioners were pressured and compelled to part with gold under coercion by the police. It also noted discrepancies in the arrest and involvement of the accused, directing the transfer of investigation to an independent agency.
Issues: Pressure by police, transfer of investigation, involvement of the accused, and subsequent court orders were the key issues.
Ratio Decidendi: The court's decision was influenced by the pressure exerted on the petitioners, discrepancies in the arrest of the accused, and the earlier order directing the transfer of investigation.
Final Decision: The court directed the transfer of investigation to an independent agency for further investigation in the cases where the petitioners were sought to be implicated as recipients of stolen gold jewellery.
JUDGMENT :
(Prayer in Crl.O.P.(MD)No.11975 of 2015: Criminal Original petition is filed under Section 482 of Cr.P.C, to transfer the investigation with reference to Crime No.249 of 2014 pending on the file of the third respondent police to the file of an independent investigating agency such as the CBCID or any other appropriate agency and direct them to file a report before this Court after conducting a proper investigation in the above captioned crime numbers.
Crl.O.P.(MD)No.11976 of 2015: Criminal Original petition is filed under Section 482 of Cr.P.C, to transfer the investigation with reference to Crime No.328 of 2014 pending on the file of the fifth respondent police to the file of an independent investigating agency such as the CBCID or any other appropriate agency and direct them to file a report before this Court after conducting a proper investigation in the above captioned crime numbers.
Crl.O.P.(MD)No.11977 of 2015: Criminal Original petition is filed under Section 482 of Cr.P.C, to transfer the investigation with reference to Crime No.1427 of 2014 pending on the file of the sixth respondent police to the file of an independent investigating agency such as the CBCID or any other appropriate agency and direct them to file a report before this Court after conducting a proper investigation in the above captioned crime numbers.
Crl.O.P.(MD)No.11978 of 2015: Criminal Original petition is filed under Section 482 of Cr.P.C, praying to transfer the investigation with reference to Crime No.628 of 2014 pending on the file of the 7th respondent police to the file of an independent investigating agency such as the CBCID or any other appropriate agency and direct them to file a report before this Court after conducting a proper investigation in the above captioned crime numbers.
Crl.O.P.(MD)No.11979 of 2015: Criminal Original petition is filed under Section 482 of Cr.P.C, praying to transfer the investigation with reference to Crime No.162 of 2014 pending on the file of the 4th respondent police to the file of an independent investigating agency such as the CBCID or any other appropriate agency and direct them to file a report before this Court after conducting a proper investigation in the above captioned crime numbers.)
1. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondents. The Director General of Police, CBCID, Chennai, is suo motu impleaded as the eighth respondent.
2. The petitioners are running a firm in the name and style of “M/s.Sumathi Jewellers” at No.5, Jansirani Complex, Opp. to YMCA, West Avani Moola Street, Jewellery Bazaar, Madurai. They are in the trade for more than three decades. The grievance of the petitioners is that on 20.12.2014 at about 1.30 p.m., a police jeep was found standing outside their shop. The petitioners did not mind this presence because they felt that they had nothing to hide. After a while one of their employees, namely, one Eknath left the shop for having his lunch. At that time, a person in civilian clothing approached him and wanted to know if he was aware of any jewellery shop that would purchase gold jewellery. Eknath is said to have replied that his employer is not in a habit of purchasing jewellery from unknown persons. But the stranger continued to pester Eknath. Even as this was going on, a local broker, by name Pandi introduced himself and offered to make necessary arrangements. Immediately both Eknath and Pandi were apprehended and bundled into the waiting police jeep. The police officials aggressively questioned Eknath and Pandi in the waiting jeep. In the jeep one Saravanan was also kept. He allegedly stated that he had sold 10 sovereigns of gold through Eknath and Pandi to the petitioners herein.
3. Thereupon the police team headed by one Vivekanandan, Inspector of Police, Kenikarai police station, entered the petitioners' shop along with the said Saravanan and demanded that the petitioners should part w
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