Madras High CourtCRL OP/15932/2013dismissed as infructuous

Vembu v. The Supdt Of Police

2019-11-25Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.VELMURUGAN Crl.OP No.15932 of 2013 Vembu .. Petitioner - Vs -

1. The Superintendent of Police, Office of the Superintendent of Police, Ariyalur-621 704.

2. The Inspector of Police, Sendurai Police Station, Ariyalur District.

(Crime No.11/2013) .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to withdraw and transfer the Crime No.11/2013 on the file of 2nd respondent police to CBCID for further investigation. For Petitioner : No appearance For Respondents : Ms.T.P.Savitha Government Advocate (Crl.Side).

ORDER

This petition has been filed to transfer the Crime No.11 of 2013 on the file of 2nd respondent police to CBCID for further investigation.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

3. The petitioner preferred a complaint before the second respondent and the second respondent registered the case in Crime No.11 of 2013 for the offence under Section 174 Cr.P.C. During pendency of the investigation, the petitioner has filed the present petition before this Court seeking to transfer the

investigation from the second respondent to CBCID for further investigation.

4. When the matter came up for hearing on 25.11.2019, this Court seeks clarification as to whether charge sheet has been filed or not. The respondent police was not in a position to give the correct status of the Crime No.11 of 2013. Therefore, this Court directed the respondent to file a status report.

5. Now, the learned Government Advocate (Crl.side) appearing for the respondents would submit that the report has been filed before the Tahsildar and he has also acknowledged the report. But, the learned counsel for the petitioner seeks transfer of investigation so as to know whether the final report has been filed or not.

6. Under such circumstances, this Court finds that the apprehension of this petitioner is right and therefore, the second respondent police is directed to collect the file from the Tahsildar and produce before the CBCID for investigation.

7. This Criminal Original Petition is allowed accordingly. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KMI To

1. The Superintendent of Police, Office of the Superintendent of Police, Ariyalur-621 704.

2. The Inspector of Police, Sendurai Police Station, Ariyalur District.

3. The Public Prosecutor, High Court, Madras.

4. The Inspector of Police, CBCID, Ariyalur District.

Crl.OP.No.15932 of 2013 AK(CO) CS/20/01/2020