J.Jayaprakash v. The Union Of India Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.1290 of 2019 J.Jayaprakash : Petitioner Vs.

1.Union of India Represented by its Secretary, Ministry of Home Affairs, Government of India, North Block, Cabinet Secretariat, Raisina Hills, New Delhi.

2.The State of Tamil Nadu represented by its Chief Secretary to Government, Government of Tamilnadu, Secretariat, Chennai 600 009.

3.The Home Secretary Cum State Vigilance Commissioner, Government of Tamilnadu, Fort St.George, Secretariat, Chennai 600 009.

4.The Director General of Police, Radhakrishnan Salai, Mylapore, Chennai 600 004.

5.The Deputy Inspector General of Police, Vellore.

6.The Central Bureau of Investigation (CBI), Represented by its Director, Plot No.58, 6th floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, New Delhi 110 003.

7.The Joint Director of Central Bureau of Investigation, Shastri Nagar, Adyar, Chennai 600 020.

:Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to transfer the series of the petitioner's complaints dated 2.7.2018, 16.7.2018 and 27.7.2018 respectively pending on

the file of 4th and 5th respondent police to the 6th & 7th respondent and register the complaint for fair, reasonable, impartial and unbiased investigation.

For Petitioner : Mr.P.C.Harikumar For Respondents : Mr.A.Natarajan Public Prosecutor

ORDER

This petition has been filed seeking for a direction to transfer the complaints given by the petitioner on 02.07.2018, 16.07.2018 and 27.07.2018 to the CBI.

2.The learned counsel for the petitioner would submit that the petitioner is a tenant in a property and the landlord sought to interfere with the possession and illegally evict the petitioner, which resulted in filing of a suit in O.S. No.603 of 2018, before the Sub Court, Vellore. When the suit is pending, attempt was again made to dispossess the petitioner and the police did not take any action against the accused persons inspite of the complaints given by the petitioner. Therefore, the present petition has been filed to transfer the complaints to CBI.

3.The relief as sought for by the petitioner cannot be granted by this Court. The petitioner has to necessarily follow the guidelines given by the Division Bench of this Court in Crl.O.P.(MD) No.13681 of 2018 and batch of cases, dated 20.09.2018. As and when such a petition is filed before the appropriate Court, the appropriate Court shall deal with the same in accordance with law.

4.This Criminal Original Petition is disposed of with the above directions.

Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar To 1.Union of India Represented by its Secretary, Ministry of Home Affairs, Government of India, North Block, Cabinet Secretariat, Raisina Hills, New Delhi.

2.The State of Tamil Nadu represented by its Chief Secretary to Government, Government of Tamilnadu, Secretariat, Chennai 600 009.

3.The Home Secretary Cum State Vigilance Commissioner, Government of Tamilnadu, Fort St.George, Secretariat, Chennai 600 009. 4.The Director General of Police, Radhakrishnan Salai, Mylapore, Chennai 600 004.

5.The Deputy Inspector General of Police, Vellore.

6.The Central Bureau of Investigation (CBI), Represented by its Director, Plot No.58, 6th floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, New Delhi 110 003.

7.The Joint Director of Central Bureau of Investigation, Shastri Nagar, Adyar, Chennai 600 020.

8.The Public Prosecutor, Madras High Court, Chennai- 104.

+1cc to The Public Prosecutor, sr.no.4130 +1cc to Mr.P.C.Harikumar & Associates sr.no.4153 Crl.O.P. No.1290 of 2019 nr 22/01/2019