Madras High CourtCRL OP/749/2022disposed of

Kamsala v. State Rep By

2022-07-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.Kamsala 2.R.Ponniammal 3.V.Velu 4.Munusamy .. Petitioners

Versus

1.State Rep by Superintendent of Police Chengalpet District 2.The Sub-Inspector of Police DCB, Chengalpet District .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the entire files relating to the complaints of the petitioners dated 13.10.2014 on the file of the second respondent herein, to any other investigation agency more preferably to the CBCID, Chengalpet District, or any other competent Investigation Agency with a direction to register the complaints of the petitioners, dated 13.10.2014 and to complete the investigation.

For Petitioners : Mr.P.Raja For Respondents : Mr.E.Raj Thilak Addtional Public Prosecutor Page No.1 of 4

O R D E R

This Criminal Original Petition is filed seeking to direct the first respondent to transfer the entire files relating to the complaints of the petitioners dated 13.10.2014 on the file of the second respondent herein, to any other investigation agency more preferably to the CBCID, Chengalpet District, or any other competent Investigation Agency with a direction to register the complaints of the petitioners, dated 13.10.2014 and to complete the investigation.

2. The main grievance of the petitioner appears to be that the order of this Court in Crl.O.P.Nos. 23358 to 23361 of 2015 directing the respondent police to register the complaints of the petitioners herein has not been complied by the respondent police, so far. Meanwhile, on the basis of the similar placed persons's complaint, the second respondent has laid charge sheets against the accused in C.C.No.196/2015 on the file of the learned Judicial Magistrate-II, Chengalpet, whereas, the petitioners are not even identified as witnesses as against the accused. It is their further apprehension that they have no right to intervene at any stage in the course of investigation until they receive summons or warrant under Section 204 of the Cr.P.C. Page No.2 of 4

3. Such view of the matter, the respondent police is directed to issue proper summons to the petitioners and consequently, file a supplementary final report before the Trial Court within a period of two months from the date of receipt of a copy of this order. No costs.

12.07.2022 Index : Yes / No dhk To 1.The Superintendent of Police Chengalpet District 2.The Sub-Inspector of Police DCB, Chengalpet District 3.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

N. SATHISH KUMAR, J.

dhk CRL.O.P.No.749 of 2022 12.07.2022 Page No.4 of 4