The first respondent, Mr. Mani, an assistant of Thiru Kadambapathy Thiru Madam Mutt lodged a companyplaint with the Sathyamangalam Police Station alleging that unknown persons had stolen jewels of the Mutt.
The de facto companyplainant, respondent number1 moved a petition under Section 173 8 of Cr.
P.C. bearing Crl.
Respondent number1 made allegations against the first Investigating Officer of the case Mr. N. Gajendran, Inspector of Police, Sathyamangalam Police Station before the learned Chief Judicial Magistrate, Villupuram that he had companymitted malpractice and illegality during investigation of Crime No.147 of 2009.
According to appellant, the allegation against him is of being a receiver of stolen goods attracting Section 412 of the IPC.
M.P.No.3602 of 2012 and prayed for allowing further investigation into the case by CBCID.
O.P.No.21269 of 2010 was rejected by the High Court on 22.02.2011.
Revision Petition bearing Crl.
The appellant is accused number9 in P.R.C.No.4 of 2012 on the file of learned Judicial Magistrate, Gingee, Tamil Nadu.
He is aggrieved by impugned order dated 10.01.2014 passed by the High Court of Judicature at Madras in a petition under Section 482 of the Code of Criminal Procedure for brevity, Cr.
P.C. for further investigation by CBCID had been turned down by the companycerned Magistsrate that order was affirmed by the High Court and his L.P. against the same had also been dismissed by this Court.
The said petition was rejected by the learned Judicial Magistrate on 29.06.2012 by holding that the de facto companyplainant was number companypetent to maintain such an application for further investigation.
In the aforesaid facts and circumstances respondent number1, after about 8 months of dismissal of Special Leave Petition on 08.04.2013, in the month of January 2014 filed the case at hand being Crl.
P.C. before the learned Magistrate bearing Crl.
The learned Magistrate issued process in said P.R.C. No.4 of 2012 on 02.03.2012.
The facts relevant for deciding this appeal may be numbered in brief as follows.
This led to registering of FIR in Sathyamangalam Police Station on 18.09.2012 as Crime No.180 of 2012 under Sections 196, 206, 218, 219, 221 and 471 of the IPC against Mr. N. Gajendran.
O.P.No.707 of 2014 before the High Court again seeking transfer of investigation of Crime No.147 of 2009 from DSP, Crime Branch, to CBCID, Chennai so that such investigation may go along with investigation in Crime No.180 of 2012 pending against the former Investigating Officer.
Leave granted.
Dissatisfied by inaction on the part of Magistrate, respondent number1 filed Crl.
No.2156 of 2013 against the order of the High Court dated 07.11.2012 and the same was also dismissed on 08.04.2013.
The appellant is an accused in a companyplaint case bearing Crime No.147 of 2009 pending in the file of learned Judicial Magistrate at Gingee, Tamil Nadu.
Respondent number1 then preferred L.P. Crl.
Against that order respondent number1 preferred Crl.
SHIVA KIRTI SINGH, J. Heard learned companynsel for the parties.
The appellant or other accused persons were number made parties to this case and it was allowed by the impugned order dated 10.01.2014 by simply believing the statement made by respondent number1 which created the impression that the matter was still pending before the police authority when in fact chargesheet had already been submitted long back and the accused persons had also been summoned.
His companyplaint led to F.I.R. No.147 of 2009 registered against unknown persons for offences under Sections 457, 380 and 394 of Indian Penal Code IPC .
In the meantime, the investigation had been transferred to Inspector of Police, Valathi Police Station and again it was transferred by the DIG, Villupuram to Deputy Superintendent of Police, District Crime Branch Villupuram who companypleted the investigation and filed a chargesheet on 26.01.2012 against 11 persons.
The de facto companyplainant respondent number1 subsequently moved the High Court of Judicature at Madras for transfer of investigation to CBCID, Chennai but such petition bearing Crl.
R.C. No.1283 of 2012 before the High Court of Madras which came to be dismissed on 07.11.2012.
O.P.No.707 of 2014 preferred by the de facto companyplainant, respondent number1 herein, whereby the Crime No.147 of 2009 has been treated as pending before the Deputy Superintendent of Police, Villupuram District, Tamil Nadu and as such transferred to the file of CBCID, Chennai for investigation.
Respondent number1 filed another Crl.
