G.Mahesh v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.7225 of 2019 G.Mahesh Petitioner/Defacto Complainant vs.

1. The Deputy Commissioner of Police, T.Nagar Range, R.1 Mambalam Police Station, Chennai.

2. The Inspector of Police, E-3, Teynampet Police Station, Chennai.

Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to transfer the investigation of criminal case in Crime No.102 of 2018 from the file of the Inspector of Police, E-3, Teynampet Police Station, Chennai to some other investigation agency or any other appropriate order as this Court deem fit and proper in the circumstance of the case.

For Petitioner : Mr.R.Rajasekaran For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for transfer of investigation in Crime No.102 of 2018 pending on the file of the 2nd respondent police.

2. Initially based on the complaint given by the petitioner, the 2nd respondent registered an FIR in Crime No.102 of 2018. After the investigation was completed, a closure report was filed before the 18th Metropolitan Magistrate, Saidapet on 30.05.2019. The petitioner filed a protest petition and in the protest petition, an order was passed by the Metropolitan Magistrate on 14.11.2018 directing the investigating officer to conduct further investigation and file a final report. https://hcservices.ecourts.gov.in/hcservices/

3. The grievance of the petitioner is that in spite of the orders passed by the learned Metropolitan Magistrate, till date there has been absolutely no progress in the investigation and therefore present petition has been filed seeking for transfer of investigation.

4. Heard, the learned counsel for the petitioner and the learned Additional Public Prosecutor on behalf of the respondent police.

5. Taking into consideration the facts and circumstances of the case and also going by the nature of the allegations made in the complaint, it would be better if investigation is conducted by the Central Crime Branch. The 2nd respondent is directed to handover the entire case diary to the Deputy Commissioner of Central Crime Branch, Chennai within a period of two weeks from the date of receipt of copy of this Order. The Deputy Commissioner, Central Crime Branch, Chennai shall immediately assign this case to one of the team headed by the Inspector of Police. The investigation shall thereafter be conducted effectively and completed as expeditiously as possible and the final report shall be filed before the 18th Metropolitan Magistrate, Saidapet.

6. This Criminal Original Petition is disposed of with the above direction.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ssr To

1. The Deputy Commissioner of Police, T.Nagar Range, R.1 Mambalam Police Station, Chennai.

2. The Inspector of Police, E-3, Teynampet Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R.Rajasekaran, Advocate sr 54336. Crl.O.P No.7225 of 2019 VBA(CO) SP(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/