Madras High CourtCRL OP/8338/2019dismissed

E.Sathya v. The Principal Secretary To Government,

2019-04-24Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8338 of 2019 E.Sathya ... Petitioner Vs.

1.The Principal Secretary to Government Home Department State of Tamil Nadu Fort St. George, Secretariat Chennai 600 009 2.The Director General of Police Office of the Director General of Police Radhakrishnan Salai Mylapore Chennai-04 3.The Commissioner of Police Chennai Police, Vepery Chennai-07 4.The Deputy Commissioner of Police Office of the Commissioner of Police Ambathur District Avadi, Chennai -54 5.The Inspector of Police T-6, Police Station Avadi, Chennai-54 6.The Additional Director General of Police Crime Branch CID Chennai

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C., to withdraw the investigation of the case registered in Crime No.684 of 2017 pending on the file of the 5th respondent herein and transfer the same to the file of the 6th respondent for fair and denova investigation.

For Petitioner : Mr.Gowthaman For Respondents: Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

The Criminal Original Petition has been filed by the petitioner to withdraw the investigation of the case registered in Crime No.684 of 2017 pending on the file of the 5th respondent herein and transfer the same to the file of the 6th respondent for fair and denova investigation.

2.The learned counsel for the petitioner would submit that the petitioner sent a representation to the Inspector General of Registration , Santhome, Chennai, seeking the relief of getting back the original deeds and to take legal action against the accused gang and prosecute the same as per law. The 5th respondent has not conducted the investigation in a fair and conscious manner so as to rule out the possibility of fabrication of evidence. Hence, this petition. 3.The learned Additional Public Prosecutor would submit that the investigation is already completed and filed a final report before the learned Judicial Magistrate-II, Poonamallee on 17.07.2018 and the referred charge sheet has also been served to the petitioner.

4.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor.

5.In view of the above submissions made by the learned Additional Public Prosecutor, the transfer of investigation does not arise. Hence, the respondent police is hereby directed to serve the referred charge sheet to the petitioner. The petitioner on receipt of the same, is at liberty to file a protest petition before the learned Judicial Magistrate-II, Poonamallee.

6.Accordingly, this criminal original petition stands dismissed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

To.

+1cc to K.Gowthaman, Advocate Sr.39219 Crl.O.P.No.8338 of 2019 ln[co] srg 30/05/2019