M.Dhanasingh v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Dhanasingh ... Petitioner Vs
1. The Superintendent of Police, O/o.The Superintendent, Cuddalore.
2. The Deputy Superintendent of Police, Neyveli Sub-Division, Neyveli.
3. The Inspector of Police, Kurinchipadi Police Station, Cuddallore District.
Cr.No.326 of 2024.
... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation in FIR No.326 of 2024 on the file of the third respondent to some other competent agency. For Petitioner : Mr.D.Ashokkumar For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to transfer the investigation in FIR No.326 of 2024 on the file of the third respondent to some other competent agency.
2. Heard the learned counsel on either side and perused the materials placed on record.
3. The learned Government Advocate (Crl.side) appearing for the respondents would submit that the third respondent had conducted enquiry in Crime No.326 of 2024 and the same was closed as "Mistake of Fact". In fact, the referred charge sheet was also served to the petitioner.
4. Therefore, no investigation is pending on the file of the third respondent and as such, the transfer of investigation does not arise. However, the petitioner is at liberty to file a protest petition on the closure report filed by the third respondent in the manner known to law, if so advised.
5. Accordingly, this Criminal Original Petition is dismissed.
12.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Superintendent of Police, O/o.The Superintendent, Cuddalore.
2. The Deputy Superintendent of Police, Neyveli Sub-Division, Neyveli.
3. The Inspector of Police, Kurinchipadi Police Station, Cuddallore District.
4. The Public Prosecutor, High Court, Madras.
12.02.2025