Madras High CourtCRL OP/3523/2024dismissed

D.Sakthiisaravanan v. The Additional Director General Of Police

2025-02-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Sakthisaravanan ... Petitioner Vs

1. The Additional Director General of Police, State Headquarters EOW, Ashok Nagar, Chennai - 600 083.

2. The Deputy Superintendent of Police, EOW Erode, Erode District.

3. The Inspector of Police, EOW Erode, Erode District.

4. The Inspector of Police, EOW, Namakkal, No.2/137, E-2, Murugar Koil Near, Salem Main Road, Namakkal District - 63700.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/ Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent herein to transfer the case in C.No.C5/EOW/2800/2023 dated 20.03.2023 on the file of the third respondent to the fourth respondent agency or any other special agency for the investigation.

For Petitioner : Mr.V.S.Kesavan For R1 to R4 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed for direction directing the first respondent herein to transfer the case in C.No.C5/EOW/2800/2023 dated 20.03.2023 on the file of the third respondent to the fourth respondent agency or any other special agency for the investigation.

2. Heard both sides and perused the materials placed on record.

3. Admittedly, no FIR has been registered on the complaint lodged by the petitioner by the third respondent. On receipt of the complaint lodged by the petitioner, enquiry was conducted and the same was closed as no offence is made out as against the accused. Therefore, no question of transfer of enquiry arise.

4. Therefore, the direction sought for in this petition cannot be considered. However, the petitioner is at liberty to file a private complaint 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 Additional Director General of Police, State Headquarters EOW, Ashok Nagar, Chennai - 600 083.

2. The Deputy Superintendent of Police, EOW Erode, Erode District.

3. The Inspector of Police, EOW Erode, Erode District.

4. The Inspector of Police, EOW, Namakkal, No.2/137, E-2, Murugar Koil Near, Salem Main Road, Namakkal District - 63700.

5. The Public Prosecutor, High Court, Madras.

12.02.2025