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Madras High CourtWP/21160/2017modified

Dr. G. Jeyachandran v. The Inspector Of Police

2017-11-23Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 21160 of 2017 and WMP. Nos. 22035 to 22037 of 2017

1. Dr. G. Jeyachandran

2. Jeyasree

...Petitioners

-Vs1. The Inspector of Police, DCB, Dharmapuri District.

2. The Inspector of Police, DCB, Krishnagiri District.

3. The Inspector of Police, Ammapet Police Station, Ammapet, Salem.

4. The Inspector of Police, Economics Offences Wing (EOW-II) Salem, Salem District.

5. The Inspector of Police, DCB, Nagercoil, Kanyakumari District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the District Crime Branch, Dharmapuri to investigate the complaints in (1) Cr. No.30/2013 pending on the file of the Inspector of Police, DCB, Krishnagiri (2) Cr.No.52/2015 pending on the file of the Inspector of Police, DCB, Nagercoil, (3) Cr.No.3 of 2015 pending on the file of the EOW-II, Salem District and (4). Cr.No.368 of 2017 pending on the file of the Inspector of Police, Ammapet Police Station, Salem as part of same transaction in C.C. No. 315 of 2016 in Cr.No. 9 of 2012 pending on the file of the learned Judicial Magistrate Court No.II, Dharmapuri and several FIRs for same transaction and separate investigation for each FIR is impermissble in law by reason of the direction given by the Hon'ble Supreme Court of India in T.T. Anthony Vs. State of Kerala reported in AIR 2001 SC 2637.

For Petitioners : M/s.A.Mohamed Ismail For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The writ petition has been filed to direct the District Crime Branch, Dharmapuri to investigate the complaints in (1) Cr. No.30/2013 pending on the file of the Inspector of Police, DCB, Krishnagiri (2) Cr.No.52/2015 pending on the file of the Inspector of Police, DCB, Nagercoil, (3) Cr.No.3 of 2015 pending on the file of the EOW-II, Salem District and (4). Cr.No.368 of 2017 pending on the file of the Inspector of Police, Ammapet Police Station, Salem as part of same transaction in C.C. No. 315 of 2016 in Cr.No. 9 of 2012 pending on the file of the learned Judicial Magistrate Court No.II, Dharmapuri 2.

The petitioners seek transfer of investigation of complaints pending before the respondents 3 to 5 to the file of District Crime Branch, Krishnagiri. This Court has no say to interfere with the investigation conducted by the Investigating Officers. Hence the prayer sought for in the writ petition is devoid of merits.

3. With the above observations, this Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS viii) //True Copy// Sub Assistant Registrar ak To

1. The Inspector of Police, DCB, Dharmapuri District.

2. The Inspector of Police, DCB, Krishnagiri District.

3. The Inspector of Police, Ammapet Police Station, Ammapet, Salem.

4. The Inspector of Police, Economics Offences Wing (EOW-II) Salem, Salem District.

5. The Inspector of Police, DCB, Nagercoil, Kanyakumari District.

6. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sathyaraj , Advocate SR.No. 27560 W.P.No.21160 of 2017 and WMP. Nos. 22035 to 22037 of 2017 A.SK(02/05/2019)