Perumal, 45 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21579 of 2016 Perumal ... Petitioner Vs.

1.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2.The Deputy Superintendent of Police, Cheyyar, Thiruvannamalai District.

3.The Inspector of Police, Peranamallur Police Station, Peranamallur, Thiruvannamalai District.

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

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 1st respondent to transfer the investigation to the Inspector of Police, CBCID Police, Thiruvannamalai, Thiruvannamalai District in Crime No.10 of 2015 pending on the file of the 3rd respondent.

For Petitioner : Mr.K.G.Senthil Kumar For Respondents : Mr.C.Iyyappa Raj Additional Public Prosecutor

O R D E R

This petition has been filed to direct the 1st respondent to transfer the investigation to the Inspector of Police, CBCID Police, Thiruvannamalai, Thiruvannamalai District in Crime No.10 of 2015 pending on the file of the 3rd respondent.

2.The learned Additional Public Prosecutor submitted that the investigation in Crime No.10 of 2015 has been completed and charge sheet was filed before the learned Judicial Magistrate, Cheyyar and the same was taken on file as P.R.C.No.16 of 2017. It is further submitted that from the year 2017 onwards, the case has not committed to the Court of Sessions on the ground that NBW is pending against the accused.

3.In view of the completion of investigation and filing of charge sheet, there is no question of transfer of investigation in Crime No.10 of 2015. Hence, the petition is, accordingly, dismissed.

4.It is seen that the case in P.R.C.No.16 of 2017 has not committed to the Court of Sessions from the year 2017 on the ground that NBW is pending against the petitioner. Hence, the learned Judicial Magistrate, Cheyyar is directed to take coercive steps in securing the accused by executing NBW and complete the committal proceedings within the stipulated time, if it is not completed till date.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssb To 1.The Judicial Magistrate, Cheyyar.

2.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

3.The Deputy Superintendent of Police, Cheyyar, Thiruvannamalai District.

4.The Inspector of Police, Peranamallur Police Station, Peranamallur, Thiruvannamalai District.

5.The Inspector of Police, CBCID Police, Thiruvannamalai, Thiruvannamalai District.

6.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21579 of 2016 KJ(CO) SP(14/10/2020)