Madras High CourtWP/16488/2015closed

M.Abubucker Siddiq v. The Principal Secretary

2015-07-02Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP No.16488 of 2015 M.Abubucker Siddiq .. Petitioner Vs 1.The Principal Secretary, St.George Fort, Secretariat, 2.The Director General of Police, Beach Road, 3.The Additional Director General of Police, CBCID, No.670, Pantheon Road, Egmore, 4.The Commissioner of Police, Chennai City, 5.The Superintendent of Police, CBCID, 6.The Joint Director, Central Bureau of Investigation, Sasthiri Bhavan, 7.The Inspector of Police, City Crime Branch, EDF-II, Team, IX A, Veppery, .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents 1 and 2 to transfer the investigation of the petitioner's complaint dated 13.12.2014 from the respondent No.7 to respondent No.6.

For Petitioner :Mr.S.M.A.Jinnah For Respondents :Mr.Sanjai Gandhi, AGP

ORDER

Writ petition has been filed praying for the issuance of a writ of Mandamus, directing the respondents 1 and 2 to transfer the investigation of the petitioner's complaint dated 13.12.2014 from the respondent No.7 to respondent No.6.

2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3.In the affidavit, the petitioner has not stated whether any FIR has been registered by the respondent Police. Without an FIR being registered, a complaint cannot be transferred from one Police Agency to another Police Agency. It is seen that the City Crime Branch, Chennai has registered an FIR in Crime No.186 of 2015 on 19.05.2015. This writ petition was filed on 10.06.2015. Even, before that the Special Inspector of Police, EDF-II has registered a case in Crime No.186 of 2015 on 19.05.2015 for offences under Sections 406, 420, 471, r/w Section 341 IPC. Thus, investigation is in very preliminary stage. If the petitioner is not satisfied with the progress of the investigation, he is at liberty to seek for transfer of the case in Crime No.186 of 2015 to some other Agency.

4.With the above liberty, this petition is closed. Sd/- Deputy Registrar (Judicial) /true copy/ Sub Asst. Registrar dn To 1.The Principal Secretary, St.George Fort, Secretariat, 2.The Director General of Police, Beach Road,

3.The Additional Director General of Police, CBCID, No.670, Pantheon Road, Egmore, 4.The Commissioner of Police, Chennai City, Chennai.

5.The Superintendent of Police, CBCID, Chennai.

6.The Joint Director, Central Bureau of Investigation, Sasthiri Bhavan, Chennai.

7.The Inspector of Police, City Crime Branch, EDF-II, Team, IX A, Veppery, 8.The Public Prosecutor, High Court, Madras.

1 cc to Government Pleader, Sr. 33333 WP No.16488 of 2015 CA (CO) kk 13/7