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venkatkrishna (AGM)     12 May 2010

TRANSFER OF CRIMINAL CASE

In  the year  Jun 2009 one of company  employee at Chennai  commited an offence of breach of trust and  misappropriation of company funds.   Company   approached  local police but  the  Inspector of local police refused to accept the complaint,  then company approached  the commissioner.  The commissioner referred the matter to the  same police statin  where originally  the complaint was not accepted.

The compolaint was accepted by the police and sit on the same without doing any thing.  When we ask  the inspector about the investigation and FIR,  we are told always that  the accused is absconded.   The  said Inspector  told before the magistrate that  the accused is absconding and  in fraction of  minutes again he informed the court that  the accused  obtain anticipatory bail.  We are very shock and surprise that   the accused  meeting the inspector  regularly  and  doing  his  business  within the limits of the said  inspectors police station jurisdiction.

Then  after  8 months we have file a petition before High Court  for directions,  on receipt of the  notice from High court  the Inspector  registered  company complaint thus  our petition became infructious.

Again the  Inspector  simply  sit on the FIR without doing any investigation,   we have written  complaint against the said inspector to the commissioner  but the commissioner also did not take any actin.  After 12 months once again we have  approacahed  the High Court  for  transfer of the case for the present inspector hands to any other  P.S jurisdiction.  The  High Court  directed the Inspector to  file charge sheet within 4 weeks ad disposed off the matter.

The inspector  very cloverly prepared the charge sheet and filed before the Magistrate court  without conducting any  fair investigation.   The accused with the help of another business man,  duped the company for  20 to 25 lakhs  and  doing their business  very peacefully. 

I have no option except to  approach the same polce , who is  very  carelessly and  negligently handling the matter.  Even court also draw their boundries that  only CBI matters can  be transferred.  In such case  how can  the Company get justice.?    Really  I fedup with the  Chennai Police and Judiciary system.  Ultimately  my company is at loss,  we are not getting any  justice and  company closed the business there in chennai.

My Advocate also  unable to give any sollution.   We being  citizens of India  have to live  on the whims and fancies of  Police and  Courts.   I want  to  shift the case  from the  present  I.O.  and  I want  fair investigation in my case.   Any one can give solution.

( please  execuse me for any typographical / grammer errors )



Learning

 3 Replies

Munirathnam (Scientist)     12 May 2010

You can approach locl court asking for proper investiagtion and action on failure on SI and Commissioner for their failure. Say to court hat SI is not fit for job hance should be removed from job. Similarly on commissioner. Also ask the court for departmental action on police involved in your case. Also point out the improper investiagtion details and ask court to direct police (ask for new SI) and do imvestiagtion which is required for your case. Thats all. Take control of investiagtion into your hands with the help of court. This the only way to control police. If you ask one police to take action antoher they will not....

Anil Agrawal (Retired)     12 May 2010

The police will help that man who is richer than the other. Forget about law.

venkatkrishna (AGM)     12 May 2010

Thanks Mr.Muniratnam and Mr.Anil.

I  have tried all possible ways.  I have filed petitions before the  Magistrate court  also for  transfer of the I.O.  Both High Court and local  Courts say  only in  high and serious matters  can be transferred where CBI  investigation is required.   I wrote two letters  to the Commissioner of policce,  but no action.

The other  Madras High Court  Rule is,   if we approach High Court  we cannot   make plea more than one plea. For each plea we have to file a separate petition.  It is disgusting.  So far I have  went to the High Court 3 times in this same case spent  huge amount.  We can imagine   each case before the High court  how much does it cost??. Ultimately  no relief.   Some times I feel  it is not to  point out my country, but my feeling,  the  British  Police were far better than the present.  Sorry  for the comment.  I have vexed.  For  getting the work done  from Police  for each step I have to knock the High Court door. 

Any Advocate from Chennai can help??


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