Srinivasan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Srinivasan ... Petitioner Vs

1. The Commissioner of Police, O/o. Commissioner of Police, Chennai.

2. The Inspector of Police, Kumaran Nagar Police Station, Chennai District.

3. The Deputy Superintendent of Police, CBCID Unit, Chennai.

4. Elangovan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, directing the respondent 1 to transfer the investigation in Cr.No.352 of 2023 pending on the file of the second respondent to the third respondent and investigate the same and file the final report.

For Petitioner : Mr.P.Muthamizhselvakumar For R1 to R3 : Mr.K.M.D.Muhilan Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed directing the first respondent to transfer the investigation in Crime No.352 of 2023 pending on the file of the second respondent to the third respondent and investigate the same and file the final report.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondents 1 to 3 and perused the materials placed on record.

3. On instructions, the learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the entire investigation in Crime No.352 of 2023 has been completed and the final report is about to be filed. However, it is pending only on the ground that they are awaiting a report from the Tamil Nadu Medical Council. Immediately, after receipt of the same, the charge sheet will be filed.

4. Considering the above, at this stage, if the entire investigation is

transferred to any other investigation agency, it would affect the entire investigation done by the second respondent.

5. Therefore, this Court is not inclined to transfer the investigation in Crime No.352 of 2023 to the third respondent. However, the second respondent is directed to complete the investigation in Crime No.352 of 2023 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is dismissed. 04.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Commissioner of Police, O/o. Commissioner of Police, Chennai.

2. The Inspector of Police, Kumaran Nagar Police Station, Chennai District.

3. The Deputy Superintendent of Police, CBCID Unit, Chennai.

4. The Public Prosecutor, High Court, Madras.

04.02.2025