D.Mohammed Ishaq v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 3350 of 2019 D.Mohammed Ishaq ... Petitioner Vs.

1. The Commissioner of Police, Greater Chennai, Vepery,Chennai-600 007

2. The Inspector of Police, Central Crime Branch, EDF-1, Team- II, Vepery, Chennai-600 007.

3. The Inspector of Police, Invetigating Unit for Crime Against Women(IUCAW) Wing, Ground floor, Vepery, Chennai-600 007.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.351 of 2014 on the file of the Inspector of Police, Investigating Unit for Crime Against Women (IUCAW) Wing, Ground floor, Vepery, Chennai-600 007 i.e., from the 3rd respondent to CBI or CB-CID or by any other appropriate authority as this Hon'ble Court deem fit in the proper in the circumstances of the case.

For Petitioner : Mr.A. Ilaya Perumal For R1 to R3 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for transfer the investigation in Crime No.351 of 2014 pending on the file of the Inspector of Police, Investigating Unit for Crime Against Women (IUCAW) Wing, Ground floor, Vepery, Chennai-600 007 to the file of the CBI or CB-CID or by any other appropriate authority. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Public Prosecutor would submit that the FIR has been registered in Crime No.351 of 2014 for the offences under Sections 406, 409, 420, 468, 471 r/w.120(b) IPC and the investigation is pending. In view of the same, there is no requirement to transfer the investigation at this stage.

3. Considering the facts and circumstances of the case, this Court directs the Assistant Commissioner, Investigating Unit for Crime Against Women (IUCAW) Wing, Vepery, Chennai, to monitor the investigation conducted by the third respondent. Further, the third respondent is directed to complete the investigation and file a final report in Crime No.351 of 2014, within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lpp/vsn To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007 2.The Inspector of Police, Central Crime Branch, EDF-1, Team- II, Vepery, Chennai-600 007.

3.The Inspector of Police, Invetigating Unit for Crime Against Women(IUCAW) Wing, Ground floor, Vepery, Chennai-600 007.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.16478 Crl.O.P.No.3350 of 2019 SSI(CO) CS/04/03/2019 https://hcservices.ecourts.gov.in/hcservices/