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Madras High CourtWP/31486/2004dismissed

P.Jayaraman, Son Of v. The Secretary Home Department

2019-02-28Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.31486 of 2004 P.Jayaraman ... Petitioner Vs.

1. The Secretary, Home Department, Fort St. George, Secretariat,

2. The Commissioner of Police, Greater Chennai, Chennai.

3. The Inspector of Police, E-5, Pattinapakkam Police Station, Foreshore Estate,

4. The Headmistress, St. Antony's Girls Higher Secondary School, Madha Church Road, Chennai 600 028.

5. Mrs. Mac Delin Olevia @ Mahi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the transfer of the investigation in the case in Crime No.95 of 2003 from the file of the Inspector of Police, E-5 Pattinapakkam Police Station, Foreshore Estate, Chennai to the file of the CB-CID, Tamil Nadu and to direct the CBCID to file a report within a time-frame to be fixed by this Court. For Petitioner : Mr.A.J.Jawad

For Respondents : Mrs.K.Bhuvaneswari, AGP for RR1 to 3 No Appearance, for R4 Ms.Arul Mary, for R5

O R D E R

The prayer sought for in the Writ Petition is to transfer the investigation in Crime No.95 of 2003 from the file of the Inspector of Police, E-5 Pattinapakkam Police Station, Foreshore Estate, Chennai to the file of the CB-CID, Tamil Nadu.

2. Since the Crime Number relates to the year 2003 and the Writ Petition has been kept pending for the past 14 years, it would not be appropriate to entertain the prayer sought for by the petitioner to transfer the investigation.

3. Though there are no instructions from the official respondents, there is much possibility that the investigation would have been completed by now. Even otherwise, the ordering transfer of investigation at this belated stage will not be proper. Hence, the Writ Petition stands dismissed. No costs. pvs Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Secretary, Home Department, Fort St. George, Secretariat, 2.The Commissioner of Police, Greater Chennai,

3.The Inspector of Police, E-5, Pattinapakkam Police Station, Foreshore Estate, +1cc to the Govt.Pleader, Advocate, Vide Sr.No.19373 W.P.No.31486 of 2004 RR(CO) Kak(02/04/2019)