Madras High CourtCRL OP/3654/2025disposed of

Arjunan Elayaraja v. The Superintendent Of Police

2025-02-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Arjunan Elayaraja, M/43 years, S/o Arjunan Bhoopathiar, South Street, Thiyagavalli (PO), Cuddalore Taluk , Cuddalore District.

... Petitioner Vs.

1. The Superintendent of Police, Cuddalore.

2. The Inspector of Police, Cuddalore Port, Cuddalore-607003.

3. The Inspector of Police, CB-CID, Cuddalore.

4. The Sub-Inspector of Police, Cuddalore Port, Cuddalore-607003.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C / under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 pleased to transfer the investigation of the case in Crime No.57 of 2024 which is pending before the respondents 2 and 3 to the file of the 4th respondent or any other competent Investigating Authority.

For Petitioner : Mr.D.Baskar For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking direction to transfer the investigation of the case in Crime No.57 of 2024 which is pending before the respondents 2 and 3 to the file of the 4th respondent or any other competent Investigating Authority.

2. On instructions, Mr.K.M.D.Muhilan, learned Government Advocate (Crl. Side) for the respondents submits that after the registration of the F.I.R. in Crime No. 57 of 2024, the investigation was completed, and the final report was filed and same has been taken cognizance of by the Judicial Magistrate No. II, Cuddalore, in C.C.No.22/2025 and it is pending trial. Therefore, no investigation is pending on the file of the 2nd respondent in Crime No.57 of 2024 and as such, the transfer of investigation did not arise.

3. However, this Court directs the respondent police to invoke the provisions under Sections 216 and 319 of the Cr.P.C., before the trial Court

during the trial to add any additional offences and also to add any accused persons, if applicable.

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

12.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order To,

1. The Superintendent of Police, Cuddalore.

2. The Inspector of Police, Cuddalore Port, Cuddalore-607003.

3. The Inspector of Police, CB-CID, Cuddalore.

4. The Sub-Inspector of Police, Cuddalore Port, Cuddalore-607003.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 12.02.2025