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Madras High CourtWP/3137/2013dismissed

S.Yusuf Siddique v. The Home Secretary

2022-11-23Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23/11/2022 C O R A M THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR Writ Petition No.3137 of 2013 and M.P.Nos.1 to 3 of 2013

1. S. Yusuf Siddique

2. K.P.Ravichandran ...

Petitioners Vs

1. The Home Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

2. The Additional Director General of Police Alandur

3. The Superintendent of Police Alandur

4. The Deputy Superintendent of Police Alandur 1 / 6

5. The Inspector of Police Video Piracy Cell II, Ayanavaram

6. The Inspector of Police CCB, Egmore

7. Jagannathan ...

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to transfer the investigation from fifth and sixth respondents in Crime No.5 of 2013 and 16 of 2013 dated 9/1/2013 & 11/1/2013, respectively to some other investigating agency.

For Petitioners ...

Mr.N.Senthil Kumar For Respondents ...

Mrs.P.Rajarajeswari Government Advocate for R.R.1 to 6 No appearance for R.7 - - - - -

O R D E R

This writ petition has been filed to direct the respondents to transfer the investigation from fifth and sixth respondents in Crime Nos.5 2 / 6

of 2013 and 16 of 2013, dated 9/1/2013 & 11/1/2013, respectively, to some other investigating agency.

2. Heard Mr.N.Senthil Kumar, learned counsel for the petitioners and Mrs.P.Rajarajeswari, learned Government Advocate for the respondents 1 to 6. There is no representation on behalf of the seventh respondent.

3. Learned Government Advocate appearing for the respondents 1 to 6 submitted that investigation has already been transferred to Video Piracy Cell - II, on 22/5/2013 and now the investigation is completed and final report has been filed and the same is taken on file in C.C.No.4144 of 2013.

4. It is further submitted by the learned Government Advocate that third accused is reported dead, pending criminal proceedings and A.2 is still absconding and Non-bailable warrant has been issued against A.2, which resulted in splitting up of the case, in C.C.No.1697 of 2020, on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai. 3 / 6

5. In such a view of the matter, this Court is of the view that question of transferring the said case does not arise at all and the very filing of the writ petition itself would indicate that the intention of the petitioners is only to drag on the proceedings.

6. In view of the above, writ petition is dismissed. Learned XI Metropolitan Magistrate, Saidapet, Chennai, is directed to expedite the trial in C.C.No.1697 of 2020, and dispose of the same, without any further delay. No costs. Consequently, connected Miscellaneous Petitions are closed.

10/11/2022 Index : Yes/No Internet : Yes/No mvs.

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To

1. The Home Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai 600 009.

2. The Additional Director General of Police Alandur

3. The Superintendent of Police Alandur

4. The Deputy Superintendent of Police Alandur

5. The Inspector of Police Video Piracy Cell II, Ayanavaram

6. The Inspector of Police CCB, Egmore 5 / 6

N.SATHISH KUMAR,J mvs.

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