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Madras High CourtWP/8977/2024disposed of

Hendry Philip Manova v. The Commissioner Of Police

2024-04-04Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN Hendry Philip Manova ... Petitioner Vs.

1.The Commissioner of Police, Tambaram City.

2.The Deputy Commissioner of Police, City Crime Branch (CCB), Tambaram City Police, Chennai.

3.Vanmathi ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to direct the 2nd respondent conduct enquiry based on the complaint given by the petitioner dated 21.09.2023 and as per Rc.No.3891/038582/COPPG/TCP/2023, dated 30.01.2024 within a stipulated time period. For Petitioner : Mr.J.Selvin Rajesh For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

ORDER

Since the alleged offence is more than Rs.6 Crores and four persons are involved. The Commissioner of Police, Tambaram had sought permission of the Director General of Police to transfer the case to Economic Offence Wing. However, since there is also offence attracting provisions of SC/ST Act, there is some clarification sought by the Superintendent of Police, EOW and there is a delay in completing the formality of transfer of investigation to the appropriate authority. 2.

However, the petitioner herein taking note of the inordinate delay in commencement of investigation has approached this Court by filing Writ Petition seeking direction for expediting the investigation. Now the explanation given by the learned Government Advocate (Crl.Side) as stated above and the communication from the Commissioner of Police, Tambaram to Director General Police vide proceedings 16.02.2024 explains the reason for delay.

3.

The learned Government Advocate (Crl.Side) states that once the permission for transfer is received from Director General of 2/4

Police, Economic Offence Wing will take up the investigation and complete the investigation within the reasonable time. 4.

Recording the submission, this Writ Petition is disposed of with direction to expedite the process of transfer and completion of investigation within reasonable time.

04.04.2024 rpl To 1.The Commissioner of Police, Tambaram City.

2.The Deputy Commissioner of Police, City Crime Branch (CCB), Tambaram City Police, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai 3/4

Dr.G.JAYACHANDRAN, J.

rpl 04.04.2024 4/4