S.Mohamed Jaleel v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI S. Mohamed Jaleel ... Petitioner

Versus

1. The Commissioner of Police, Greater Chennai, Commissioner's Office,

2. The Deputy Commissioner No.II, Central Crime Branch, Commissioner's Office,

3. The Assistant Commissioner of Police, Team-1, EDF - 1, Central Crime Branch, Vepery, Chennai.

4. The Inspector of Police, Team-1, EDF - 1, Central Crime Branch, (Crime No.6 of 2022) Page No.1 of 6

5. Deputy Superintendent of Police, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-6.

6. The Assistant Director, Enforcement Directorate, Govt. of India, Ministry of Finance, 3rd Floor, Muregesa Naicker Complex, No.84, Greams Road, Chennai-6.

(R6 Suo motu impleaded as per order dated 15.11.2022) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation pending in Crime No.6 of 2022 on the file of respondent-4 to Deputy Superintendent of Police, Central Bureau of Investigation (CBI) referred as Respondent No.5 and file final report.

For Petitioner :

Ms. A.Madhumathi For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 to R4 Mr. K.Srinivasan, Special Public Prosecutor (C.B.I.) for R5 Mr. P.Rajinish Pathyil for R6 Page No.2 of 6

ORDER

This Criminal Original Petition has been filed seeking to transfer the investigation pending in Crime No.6 of 2022 from the file of 4th respondent police to 5th respondent police and file a final report.

2. Today, when the matter taken up for hearing, learned Government Advocate (Crl. Side) appearing for respondents would submit that already investigation was completed and final report was filed and the same was taken on file in C.C.No. 6022 of 2023 on the file of CBCID Court, Egmore, Chennai. So, the prayer sought by the petitioner to transfer the investigation as such became infructuous.

3. Furthermore, on perusal of records, it reveals that there was a suo motu order passed by this Court for impleading Enforcement Directorate as 6th respondent in this petition. The learned counsel for 6th respondent Enforcement Directorate appeared and submitted that they are conducting investigation separately under Sec.3 of PMLA Act and Page No.3 of 6

further investigation is pending as on date. So, without prejudice to the investigation conducted by the 6th Respondent Enforcement Directorate, which is totally different from the prayer of petitioner herein, they are entitled to proceed with the matter. Accordingly, with the said observation, this Criminal Original Petition is closed. 30.01.2024 Index : Yes/No Internet : Yes/No rpp To

1. The Commissioner of Police, Greater Chennai, Commissioner's Office,

2. The Deputy Commissioner No.II, Central Crime Branch, Commissioner's Office,

3. The Assistant Commissioner of Police, Team-1, EDF - 1, Central Crime Branch, Vepery, Chennai.

Page No.4 of 6

4. The Inspector of Police, Team-1, EDF - 1, Central Crime Branch, (Crime No.6 of 2022)

5. Deputy Superintendent of Police, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-6.

6. The Assistant Director, Enforcement Directorate, Govt. of India, Ministry of Finance, 3rd Floor, Muregesa Naicker Complex, No.84, Greams Road, Chennai-6.

7. The Public Prosecutor, High Court, Madras.

Page No.5 of 6

T.V.THAMILSELVI, J.

rpp CRL.O.P.No. 8167 of 2022 30.01.2024 Page No.6 of 6