Aasifeahamed (42) v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.9489 of 2017 Aasife Ahamed ..

Petitioner Vs.

State rep. by

1. The Commissioner of Police, Central Crime Branch, O/o.Commissioner of Police, Vepery, Chennai.

2. The Deputy Commissioner of Police, T.Nagar, Chennai-600 017.

3. The Inspector of Police(L&O), R-2, Kodambakkam Police Station, Ashok Nagar, Chennai-600 083. .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the pending enquiry of the petitioner's complaint dated 02.05.2017 on the file of the 3rd respondent to some other agency more particularly Central Crime Branch, Chennai.

For Petitioner :

Mr.E.D.Sethupathi For Respondent :

Mr.P.Govindarajan Additional Public Prosecutor.

ORDER

The petition has been filed under Section 482 Cr.P.C. seeking to transfer the pending enquiry of the petitioner's complaint dated 02.05.2017 on the file of the 3rd respondent to some other agency more particularly Central Crime Branch, Chennai.

2. The prayer of the petitioner to transfer his complaint from the file of the third respondent to the Central Crime Branch on the ground that the third respondent has no pecuniary jurisdiction to handle the investigation, since the amount involved in the complaint is Rs.50 lakhs, merits acceptance. https://hcservices.ecourts.gov.in/hcservices/

As per the order of the first respondent in C.P.O. Order No.1522/2011 in Rc.No.168/70350/Crime.I(1)/2011, dated 08.06.2017, the pecuniary jurisdiction of the Central Crime Branch for handling the cases is increased from the existing Rs.25 lakhs to Rs.50 lakhs and as such it would not be appropriate for the third respondent to investigate the petitioner's complaint.

3. In view of the above, there shall be a direction to the first respondent to transfer the petitioner's complaint dated 02.05.2017, now pending on the file of the third respondent to the Central Crime Branch, Chennai. Such exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, the criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar dn To

1. The Commissioner of Police, Central Crime Branch, O/o.Commissioner of Police, Vepery, Chennai.

2. The Deputy Commissioner of Police, T.Nagar, Chennai-600 017.

3. The Inspector of Police(L&O), R-2, Kodambakkam Police Station, Ashok Nagar, Chennai-600 083.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.D.Sethupathi, Advocate, S.R.No.54150 Crl.O.P.No.9489 of 2017 RJ(CO) CS/09/08/17 https://hcservices.ecourts.gov.in/hcservices/