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Madras High CourtCRL OP/3945/2025dismissed

V. Priyadarshini v. The Commissioner Of Police

2025-03-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V. Priyadarshini ... Petitioner Vs.

1. The Commissioner of Police, Tambaram Commissionerate, Sholinganallur, Chennai - 600 119.

2. State Rep. by The Inspector of Police, T 16 Semmencherry Police Station, Semmencherry, Chennai - 600 119.

Cr. No.481 of 2024 ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation in Cr.No.481 of 2024 pending on the file of the second respondent police to the CBCID police or any other investigation agency. For Petitioners : Mr.T.Sundaravadanam For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.481 of 2024 pending on the file of the second respondent police to the CBCID police.

2.

On instructions, the learned Government Advocate (Crl. Side) submitted that the second respondent completed the investigation in Crime No.481 of 2024 and filed final report before the learned Judicial Magistrate, Sholinganallur, Chengalpattu.

3.

Considering the above submissions, no investigation is pending on the file of the second respondent for change of investigation. Therefore, the transfer of investigation does not arise. If any of the offence left out in the final report, the petitioner can invoke the provision under Section 216 of Cr.P.C., before the trial Court during the trial. Accordingly, the Criminal Original Petition stands dismissed. 03.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Judicial Magistrate, Sholinganallur, Chengalpattu.

2. The Commissioner of Police, Tambaram Commissionerate, Sholinganallur, Chennai - 600 119.

3. The Inspector of Police, T 16 Semmencherry Police Station, Semmencherry, Chennai - 600 119.

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 03.03.2025