S.Marimuthu v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.744 of 2016 and CRL.M.P.No.346 of 2016 S.Marimuthu ... Petitioner/Defacto Complainant Vs.

1.The Director General of Police, Crime Branch Criminal Investigation Department (CBCID), Director General of Police Office, No.220 Pantheon Road, Egmore, Chennai - 600 008.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Coimbatore District (Rural) District Police Office, Coimbatore.

4.The Inspector of Police, Maddukkarai Police Station, Coimbatore District.

(Crime No.366/2015)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the investigation of the case in Crime No.366 of 2015 from the file of the 4th Respondent to the 1st Respondent CBCID for thorough investigation and to file final report in accordance with law.

For Petitioner : Mr.N.S.Sivakumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.366 of 2015 from the file of the 4th Respondent to the 1st Respondent - CBCID

for thorough investigation and to file final report in accordance with law.

2.The learned Additional Public Prosecutor submitted that the fourth respondent police already completed the investigation in Crime No.366 of 2015 and closed the case as 'Further Action Dropped' on 09.08.2017.

3.Heard, Mr.N.S.Sivakumar, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the respondents 1 to 4 and perused the materials available on record.

4.Considering the above, this Court does not want to interfere with the investigation at this stage. However, the fourth respondent is directed to serve fresh R.C.S. notice to the petitioner and file a final report before the concerned Jurisdictional Magistrate within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is at liberty to file a petition before the concerned Jurisdictional Magistrate.

5.It is made clear that the petitioner is at liberty to file a petition seeking for further investigation. 6.With the above observation, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar pam To 1.The Director General of Police, Crime Branch Criminal Investigation Department (CBCID), Director General of Police Office, No.220 Pantheon Road, Egmore, Chennai - 600 008.

2.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, Coimbatore District (Rural) District Police Office, Coimbatore.

4.The Inspector of Police, Maddukkarai Police Station, Coimbatore District.

(Crime No.366/2015) 5.The Public Prosecutor, High Court, Chennai-104.

+1cc to Mr.N.S.Sivakumar, Advocate SR.No.40185 CRL.O.P.No.744 of 2016 and CRL.M.P.No.346 of 2016 SVI(CO) GMY(27/06/2019)