R.Swaminathan v. The State Of T.N., Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1350 of 2019 R.Swaminathan

...Petitioner

-Vs1.The State of Tamil Nadu represented by The Inspector of Police, Central Crime Branch, E.D.F.-I, Team-II Vepery, Chennai.

2.The Commissioner of Police, Greater Chennai Corporation Chennai.

3.The Director General of Police, DGP Office, Mylapore, Chennai.

... Respondents Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of the crime registered in Crime No.210 of 2015 on the file of the 1st respondent police to the Central Bureau of Investigation or any other appropriate special agency of investigation as deemed fit and proper.

For Petitioner : Mr.K.M.Subrahmaniam For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the investigation of the crime registered in Crime No.210 of 2015 on the file of the first respondent police to the Central Bureau of Investigation or any other appropriate special agency of investigation.

2.

The learned counsel for the petitioner submitted that crime No.210 of 2015 has been registered for the offences under Sections 406, 420 and 468 of IPC on 10.06.2015 and thereafter the respondent police did not take any proper step to investigate the complaint. Hence, he prays to allow this petition.

3.

The learned Additional Public Prosecutor would submit that they received export opinion from the Forensic Lab, and the investigation is almost completed and hence Crime NO.210 of 2015, cannot be transferred to other investigation agency. Hence, he prayed for dismissal of this petition. 4.

Heard Mr.K.M.Subrahmaniam, the learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor for the respondents.

5.

Considering the facts and circumstances of the case, this Court is not inclined to transfer the investigation in Crime No.210 of 2015. However, considering the crime of the year 2015, the first respondent is directed to complete the investigation and file the final report, within a period of two months from the date of receipt of a copy of this order and the Assistant Commissioner of Police, CCB, Chennai is directed to monitor the investigation done by the first respondent. 6.

With the above directions, this Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mpa/rts To

1. The Assistant Commissioner of Police, CCB, Chennai.

2.The Inspector of Police, Central Crime Branch, E.D.F.-I, Team-II, Vepery, Chennai.

2.The Commissioner of Police, Greater Chennai Corporation, Chennai.

3.The Director General of Police, DGP Office, Mylapore, Chennai.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1350 of 2019 LN(CO) GMY(03/04/2019)