GOYAL SALES CORPORATION Vs. STATE

JUDGEMENT

(1.) THE petitioner is the defacto complainant, who filed a private complaint before the learned XIV Metropolitan Magistrate, Egmore, Chennai, for the offences punishable under Sections 420, 406 r/w Section 34 I.P.C. Investigation was ordered under Section 156(3) of the Code of Criminal Procedure by the learned Magistrate. As the investigation has not been carried out properly, the petitioner has filed Crl.O.P.No.7470 of 2003 before this Court and after hearing both sides, an order has been passed on 23.04.2003 as follows:

(2.) THEREAFTER, investigation has been completed by the Inspector of Police, Crime Branch, and the case has been referred as "civil in nature". A protest petition has been filed before the learned Magistrate and in which, a further investigation is sought for. The learned Magistrate has ordered further investigation after observing as follows:

(3.) IN view of the facts and circumstances of the case, I am constrained to transfer the investigation of the case to CB CID. Under such circumstances, the Commissioner of Police, Chennai, is directed to receive back all the papers in Crime No.9 of 2003 on the file of the respondent and transfer the same to the INspector General of Police, CB CID. The INspector General of Police, CB CID, may nominate a competent officer to investigate this case and in view of the long pendency of the case, the new INvestigating Officer may proceed with the case and conclude the investigation at the earliest. With the above direction, the transfer of the investigation is ordered.