M.Ambujam v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8873 of 2019 M.Ambujam ... Petitioner Vs.

State rep. by

1. Commissioner of Police, Office of the Commissioner of Police,

2. Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Commissioner Office building,

3. Assistant Commissioner of Police, Office of the Assistant Commissioner of Police (East) Singanallur,

4. The Inspector of Police, Peelamedu Police Station, ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to transfer the investigation in Crime No.350 of 2019 pending on the file of the 4th respondent to CBCID investigation or any other investigating agency.

For Petitioner :

Mr.S.Sugendran For Respondent :

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition has been filed seeking to direct the 1st respondent to transfer the investigation in Crime No.350 of 2019 pending on the file of the 4th respondent to CBCID investigation or any other investigating agency.

2.The petitioner herein is the mother of the accused in Crime No.350 of 2019 pending on the file of the 4th respondent Police. On perusal of the F.I.R., it is seen that the petitioner's son was caught by the police during their raid in the night. It was alleged that the petitioner's son was in possession of Ganja and hence a case was registered against him for the offence under Section 8(a) and 20(b)Iii)(B) of Narcotic Drugs and Psychotropic Substance Act, 1985. Now, the petitioner, who is the mother of the accused has filed the present petition seeking to transfer the investigation to some other investigating agency.

3.The learned Additional Public Prosecutor submitted that investigation is pending.

4.Considering the facts and circumstances of the case and also that the petitioner is the mother of the accused in Crime No.350 of 2019, this court does not find any merits to interfere with the investigation and the direction sought for by the petitioner cannot be granted. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To

1. The Commissioner of Police, Office of the Commissioner of Police,

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Commissioner Office building,

3. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police (East) Singanallur,

4. The Inspector of Police, Peelamedu Police Station,

5. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8873 of 2019 SJ(CO) SSM(29/05/2019)