Mathanraj 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 Mathanraj (M/35) S/o.S.T.Kirshnamoorthi, 10/5, New Pangaru Colony, East K.K.Nagar, Chennai - 600 078.

... Petitioner /versus/ 1.The Commissioner of Police, O/o.Commissioner of Police, Veppery Chennai.

2. The Deputy Commissioner of Police, O/o.Deputy Commissioner of Police, T.Nagar Chennai.

3. The Inspector of Police, Virugambakkam Police Station, Chennai District.

4. The Inspector of Police, C.C.B. Unit, Chennai District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to direct the 1st respondent to transfer of investigation in Crime No.191 of 2022 pending on the file of the 3rd respondent to the 4th respondent and investigate the same and file the final report expeditiously.

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

O R D E R

This petition has been filed to direct the 1st respondent to transfer of investigation in Crime No.191 of 2022 pending on the file of the 3rd respondent to the 4th respondent and investigate the same and file the Final Report expeditiously.

2. On the complaint lodged by the petitioner, the 3rd respondent has registered the F.I.R in Crime No. 191 of 2022 for the offence punishable under Sections 294(b) and 506(1) of the I.P.C. The petitioner alleges that there are specific allegations to attract offences punishable under Sections 420, 465 read with Section 34 of the I.P.C. against the accused persons. Despite, the 3rd respondent has registered the F.I.R based on the above submission.

3. On instruction, Mr.K.M.D.Muhilan, Learned Government Advocate (Crl.Side) for the respondents, submits that the investigation is still pending. However, the charges have already been altered to Sections 420 and

465 of the I.P.C. against the accused persons. In view of the above, at this stage, the investigation cannot be transferred from the file of the 3rd respondent to any other investigating agency. Since the investigation already conducted by the 3rd respondent would be affected by the transfer of the investigation.

4. In view of the above submission, this Criminal Original Petition is dismissed. The 3rd respondent is directed to complete the investigation and file the final report within a period of eight weeks from the date of receipt of a copy of this order.

04.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order To, 1.The Commissioner of Police, O/o.Commissioner of Police, Veppery Chennai.

2. The Deputy Commissioner of Police, O/o.Deputy Commissioner of Police, T.Nagar Chennai.

3. The Inspector of Police,Virugambakkam Police Station, Chennai District.

4. The Inspector of Police, C.C.B. Unit, Chennai District.

5. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 04.02.2025