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Madras High CourtCRL OP/619/2014closed

E.Babu v. The Commissioner Of Police

2017-08-28Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.OP No.619 of 2014 & M.P.No.1 of 2014 Babu E ..Petitioner Vs

1. The Commissioner of Police, Greater Chennai, O/o the Commissioner of Police, Vepery, Chennai -7.

2. The Deputy Commissioner of Police, Central Crime Branch, O/o the Commissioner of Police, Vepery, Chennai -7.

3. The Inspector of Police, Team No.4, EDF.II, Central Crime Branch, O/o the Commissioner of Police, Vepery, Chennai -7. ..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the impugned closure report dated 20.02.2013 of the 3rd respondent and quash the same and further withdraw and transfer the complaint dated 08.02.2013 on the file of the 3rd respondent to the file of the 2nd respondent and direct the 2nd respondent to depute an investigation officer to conduct fair investigation and file a final report. For Petitioner : Mr.R.Narendran For Respondents : Mr.R.Sekar, G.A. (Crl. Side)

O R D E R

This petition has been filed to set aside the closure report filed by the 3rd respondent dated 22.02.2013 and transfer the complaint dated 08.02.2013 from the file of the 3rd respondent Police to the file of the 2nd respondent for further investigation.

2. Mr.R.Narendran, learned counsel for the petitioner has submitted that the complaint of the petitioner dated 08.02.2013 was not properly investigated by the 3rd respondent and when the application in Crl.O.P.No.8944 of 2013 filed by the petitioner seeking direction to register the complaint was pending, the 3rd respondent closed the complaint.

3. The leaned counsel for the petitioner further submitted that this quash petition may be closed with liberty to the petitioner to approach the concerned Magistrate.

4. In view of the above submission of the learned counsel for the petitioner, this Criminal Original Petition is closed, with liberty to the petitioner to approach the concerned Court. Consequently, connected implead petition is closed.

28.08.2017 Index: Yes/ No Internet:Yes/No pvs

To

1. The Commissioner of Police, Greater Chennai, O/o the Commissioner of Police, Vepery, Chennai -7.

2. The Deputy Commissioner of Police, Central Crime Branch, O/o the Commissioner of Police, Vepery, Chennai -7.

3. The Inspector of Police, Team No.4, EDF.II, Central Crime Branch, O/o the Commissioner of Police, Vepery, Chennai -7.

4. The Public Prosecutor, High Court, Madras.

K.KALYANASUNDARAM , J.

pvs Crl.OP No.619 of 2014 & M.P.No.1 of 2014 28.08.2017