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Madras High CourtCRL OP/20145/2018allowed

J.Kathirvel, M/A 72 Years, v. The Superintendent Of Police,

2018-08-14Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20145 of 2018 J.Kathirvel .. Petitioner Vs

1. The Superintendent of Police, Kancheepuram District,

2. The Inspector of Police, (Land Grabbing cell) Office of the District Superintendent of Police, Kancheepuram, Kancheepuram District.

3. The Inspector of Police, Guduvanchery Police Station, Guduvanchery, Kancheepuram District.

4. The Inspector of Police, Thazhambur Police Station, Thazhambur (Navalur) Kancheepuram District.

5. The Sub Registrar, Guduvancherry, Kancheepuram District.

6. S.Govindasamy

7. P.S.Jagannathan

8. J.Sivaranjini

9. K.Gayatri

10. G.Sridevi .. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to change the investigation agency in F.I.R. in Crime No.111/2018 dated 10.02.2018 from the 3rd respondent to the 2nd respondent pending on the file of the 3rd respondent police and arrest the accused and to investigate into the matter in accordance with law and to file a final report.

For Petitioner : Mr.G.Pavendhan For R1 to R5 : Mr.C.Raghavan Govt. Advocate

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation in Crime No.111 of 2018 from the file of the 3rd respondent to the file of the 2nd respondent.

2.On the complaint lodged by the petitioner, the 3rd respondent has registered a case in Crime No.111 of 2018 dated 10.02.2018 under Sections 120B, 419, 420,465, 468 and 471 IPC against four accused. It is the case of the petitioner that his father had died on 25.12.1991, but however, the accused have fabricated a Power of Attorney dated 24.07.2017 as if executed by the petitioner's father. Not satisfied with the progress of investigation, the petitioner is before this Court with the above prayer.

3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 5.

4.In a case of this nature, the third respondent police, which is essentially a law and order police, will not be equipped to deal with such allegations. Therefore, this Court directs the transfer of the case to the District Crime Branch, 5.In the result, this Court directs the Inspector of Police, Guduvancheri Police Station to transfer the case in Crime No.111 of 2018 to the District Crime Branch, Kancheepuram within a period of two weeks from the date of receipt of a copy of this order.

With the above direction, this petition is ordered accordingly.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To

1. The Superintendent of Police, Kancheepuram District,

2. The Inspector of Police, (Land Grabbing cell) Office of the District Superintendent of Police, Kancheepuram, Kancheepuram District.

3. The Inspector of Police, Guduvanchery Police Station, Guduvanchery, Kancheepuram District.

4. The Inspector of Police, Thazhambur Police Station, Thazhambur (Navalur) Kancheepuram District.

5. The Sub Registrar, Guduvancherry, Kancheepuram District.

6. The District Crime Branch,

7. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Pavendhan, Advocate, S.R.No.55907 CRL.OP.No.20145 of 2018 GSP(30/08/2018)