S.Mohanakrishnan v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P. No.4820 of 2025 S.Mohanakrishnan .... Petitioner Vs

1. Deputy Commissioner of Police, Central Crime Branch-III, 16 Wing, Land Grabbing Cell, Vepery, Chennai - 600 007.

2.The Inspector of Police, Central Crime Branch-I, 16 Wing, Land Grabbing Cell, Vepery, Chennai - 600 007.

3.K.S.Lakshmi 4.O.J.Luckas 5.Unnikrishnan 6.P.Sugumar 7.Ponnamma Lucas 8.A.Ayesha .... Respondents

PRAYER: This Criminal Original Petition is filed under 528 of the B.N.S.S. Act, 2023, to call for the records in C.C. No.5886 of 2023 on the file of the Special Metropolitan Magistrate, CCB, CBCID Court, Egmore, Chennai and set aside the same and consequently transfer the investigation in Crime No.27 of 2021 from the 2nd respondent Police to any other investigating agency for further investigation and to file the final report a fresh.

For Petitioners : Mr.A.Poornachandran For Respondents : Mr.K.M.D Muhulan Government Advocate (Crl. Side) for R1 & R2

ORDER

This petition has been filed for a direction to set aside C.C. No.5886 of 2023 on the file of the Special Metropolitan Magistrate, CCB, CBCID Court, Egmore, Chennai and consequently transfer the investigation in Crime No.27 of 2021 from the 2nd respondent Police to any other investigating agency for further investigation and to file the final report afresh.

2. On instructions, the learned Government Advocate (Crl.Side) submitted that while filing the final report, due to inadvertence the second respondent produced the sale deeds instead of Power of Attorney along with final report. Therefore, the second respondent is now taking

steps to file an additional report in Crime No.27 of 2021.

3. In view of the above, the second respondent is directed to conduct further investigation and file an additional report within a period of twelve (12) weeks from the date of receipt of the copy of the order. The Trial Court viz., the Special Metropolitan Magistrate, CCB, CBCID Court, Egmore, Chenani is directed to keep the trial in C.C. No.5886 of 2023 in abeyance. Accordingly, this Criminal Original Petition is disposed of.

21.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rkp To

1. Deputy Commissioner of Police, Central Crime Branch-III, 16 Wing, Land Grabbing Cell, Vepery, Chennai - 600 007.

2.The Inspector of Police, Central Crime Branch-I, 16 Wing, Land Grabbing Cell, Vepery, Chennai - 600 007.

G.K.ILANTHIRAIYAN, J.

rkp Crl.O.P. No.4820 of 2025 21.02.2025