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Madras High CourtWP/6941/2020disposed of

Dr.P.Ravi, v. The Director General Of Police,

2020-07-06Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.6941 of 2020 Dr.P.Ravi .. Petitioner -vs1.The Director General of Police Dr.Radhakrishnan Salai Mylapore Chennai - 600 004.

2.The Joint Director CBI College Rd, Near By Indian Overseas bank Subba Road Avenue Thousand Lights, Chennai - 600 006.

3.The General Manager Reserve Bank of India 16, Rajaji Salai, Fort Glacis Chennai - 600 001.

4.The General Manager Tamil Nadu Mercantile Bank No.57, VE Road, Thoothukudi - 628 001.

5.The Inspector General of Police Old Commissioner Office Egmore, Chennai - 8.

6.The Deputy Superintendent of Police District Crime Branch S.P.Office 7.The Inspector of Police Krishnagiri.

8. T.Anbarasu S/o Thanikachalam Ganapathy Nagar Tiruvannamalai Coot Road

9. M.Asokan S/o Munusamy Chinnamatarapalli Varattanapalli Post Pin - 635 120 10.Ambro Sugandaraj Manager Tamilnadu Mercantile Bank Krishnagiri Branch .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to transfer the investigation in C.P.No.346/DCP/2019 dated 31.08.2019 pending before the 6th respondent herein to some other independent investigating agency like CBI, CBCID or any other competent investigating agency.

For Petitioner :Mr.K.Suresh for Mr.M.Balaji For Respondents :Mr.Prabakar Additional Public Prosecutor for RR1, 5, 6 & 7

ORDER

The Writ Petition has been filed for change of investigating agency on the complaint dated 31.08.2019 in C.P.No.346/DCP/2019 pending before the 6th respondent herein to some other independent investigating agency.

2.Heard both sides.

3.The learned Additional Public Prosecutor would submit that on the complaint dated 31.08.2019 in C.P.No.346/DCP/2019 given by the petitioner, a case in Cr.No.3 of 2020 was registered for the offences under Sections 419, 420, 468, 471 r/w 120 (b) IPC and investigation is pending. Further, this petition has been filed even before registering the complaint, that is, at the enquiry stage itself. After conducting enquiry case has been registered and investigation is pending. Therefore, change of investigation from the file of the 6th respondent to some other

agency could not arise and it would also affect the investigation so far done by the Inspector of Police, DCB. 4.It is seen that after conducting enquiry, case has been registered in Cr.No.3 of 2020 and investigation is pending on the file of the DCB, Krishnagiri. Further, change of investigating agency at this stage would affect the investigation and also it would not serve any purpose. Therefore, the Inspector of Police, DCB, is directed to complete the investigation and file the final report of Cr.No.3 of 2020, within a period of three months from the date of receipt of a copy of this order. At the same time, petitioner is directed to cooperate with the investigation, to be done by the Inspector of Police, DCB, Krishnagiri.

5.With the above direction, the Writ Petition stands disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Jer To

1. The Director General of Police Dr.Radhakrishnan Salai Mylapore Chennai - 600 004.

2. The Inspector General of Police Old Commissioner Office Egmore, Chennai - 8.

3. The Deputy Superintendent of Police District Crime Branch S.P.Office

4. The Inspector of Police Krishnagiri.

W.P.No.6941 of 2020 VGII(CO) SP(30/07/2020)