Madras High CourtCRL OP/7411/2022disposed of

S.Venkatesh Perumal v. Inspector Of Police

2022-07-06Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR S.Venkatesh Perumal ... Petitioner Vs.

1. The Inspector of Police, B-15, SRMC Police Station, Porur, Kanchipuram District.

(Crime No.1398 of 2017) Chennai.

2. The Inspector of Police, CBCID, Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to order transfer of the investigation in Crime No.1398 of 2017 on the file of the first respondent to the second respondent.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to transfer of the investigation in Crime No.1398 of 2017 on the file of the first respondent to the second respondent.

2. The main grievance of the petitioner is that despite the property has been purchased by the purchasers and promoters, they were left out in the final report. However, he has filed a petition before the learned Judicial Magistrate-I, Poonamalle and the same was ordered for further investigation. Despite the order passed by the learned Judicial Magistrate-I, Poonamalle, still the investigation has not completed.

3. Learned Additional Public Prosecutor submitted that the de-facto complainant is an Advocate and he has not cooperating properly. However, no doubt, they will file the final report within a reasonable time.

4. In such view of the matter, merely because the persons who are suspects by the petitioner as accused, have not been added as accused, the 2/4

petitioner cannot take this as a ground for transferring the investigation. The Investigation Officer has to find out whether any offence is committed by the said persons and proceed as per law and file the final report within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, the Criminal Original Petition is disposed of. 06.07.2022 ham Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No To

1. The Inspector of Police, B-15, SRMC Police Station, Porur, Kanchipuram District.

Chennai.

2. The Inspector of Police, CBCID, Chennai.

3. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR, J.

ham 06.07.2022 4/4