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Madras High CourtWP/1632/2019disposed of

M/S.Tamizhkulam Pathipalayam v. The Inspector Of Police (Crime),

2019-01-28Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.1632 of 2019 and W.M.P.No.1802 of 2019 M/s.Tamizhkulam Pathipalayam Represented by its Manager Muthamizhmani No.119/A, Depotline Off. GST Road, Pallavaram, Chennai - 600 043.

... Petitioner -Vs1. The Inspector of Police, (Crime) Pallavaram Police Station, Pallavaram, Chennai - 600 043.

2. The Superintendent of Police, Crime Branch C.I.D., No.220, Pantheon Road, Egmore, Chennai - 600 008.

3. The Chief Manager, Bank of India, Overseas Branch, Star House, 3rd Floor, No.30, Old No.17, Erra Balu Street, Chennai - 600 001.

4. S.Kavitha ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd Respondent to take over the investigation from the 1st Respondent pursuant to the complaint made by the petitioner dated 24.09.2015 and complete the investigation within a reasonable time that may be fixed by this Hon'ble Court, award costs.

For Petitioner : Mr.S.Muthuraman For R1 to R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This writ petition has been filed seeking for transfer of the complaint to be enquired by the higher authority.

2. It is seen from the records that the complaint has been given by the petitioner in the year 2015 and the C.S.R. was also given to the petitioner. Since no action has been taken, the present writ petition has been filed seeking for transferring the enquiry to some other authority.

3. The learned Additional Public Prosecutor, on instructions, would submit that the complaint given by the petitioner has been enquired and the same was closed on 06.06.2016.

4. In view of the above development, this Court cannot grant the relief as sought for by the petitioner. The petitioner has to workout his remedy by filing a private complaint or by filing a petition under Section 156 (3) of Cr.P.C., before the concerned Magistrate and proceed further in accordance with law.

5. This Writ Petition is disposed of accordingly by giving this liberty to the petitioner. Consequently, connected miscellaneous petition is closed. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr/kal To

1. The Inspector of Police, (Crime) Pallavaram Police Station, Pallavaram, Chennai - 600 043.

2. The Superintendent of Police, Crime Branch C.I.D., No.220, Pantheon Road, Egmore, Chennai - 600 008.

3. The Chief Manager, Bank of India, Overseas Branch, Star House, 3rd Floor, No.30, Old No.17, Erra Balu Street, Chennai - 600 001.

4. The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.S.Muthuraman, Advocate, S.R.No.6661 W.P.No.1632 of 2019 and W.M.P.No.1802 of 2019 RR(CO) SSM(19/02/2019)