Prabha v. The Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.MP.No.5466 of 2025 Prabha ... Petitioner Vs.

1.The Deputy Commissioner of Police Central Crime Branch Greater Chennai, Vepery Chennai.

2.The Inspector of Police C3, Seven Wells Police Station Chennai.

3.The Inspector of Police Central Crime Branch Greater Chennai, Vepery Chennai.

... Respondents PRAYER: The Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation of the case in Crime No.9 of 2025 on the file of 2nd respondent herein to the 3rd respondent/The Inspector of Police, Central Crime Branch, Greater Chennai, Vepery, Chennai and to file a final report within time limit to be fixed by this Court.

For Petitioner : Mr.C.Raja For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This petition has been filed for transfer of investigation in Cr.No.9 of 2025 from the file of the second respondent to the file of third respondent.

2. The petitioner is the complainant. The alleged occurrence was taken place in the year 2015. Though the petitioner has lodged a complaint before the second respondent, the same was not considered. Hence, the petitioner was constrained to file a private complaint before the learned VIII Metropolitan Magistrate, George Town, Chennai under Section 156(3) of Cr.P.C in Crl.MP.No.7797 of 2024 and sought for direction as against the respondent police to register the case as against the alleged accused.

3. As per the direction of the learned Magistrate, the third respondent therein/ the second respondent herein has registered an FIR in Cr.No.9 of 2025 for the offences punishable under Sections 406 and 420

of IPC and now the investigation is pending on the file of the second respondent.

4. The learned counsel appearing for the petitioner has raised only one ground, to transfer the entire investigation in Cr.No.9 of 2025 that the second respondent herein did not commence the investigation so far.

5. The learned Government Advocate (Crl.Side) appearing for the respondents police on getting instructions from the Investigating Officer submits that the alleged occurrence had happened in the year 2015 and the investigation has begun and it is pending. At this juncture, if the investigation is transferred from the file of the second respondent to any other agency, the investigation already done by the second respondent would end in futile .

6. Taking into consideration the facts and circumstances of the case and the submissions made by either side, this Court is not inclined to transfer the investigation in Cr.No.9 of 2025 from the file of the second respondent to third respondent.

7. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

8. However, the second respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. Further, the first respondent is directed to monitor the investigation done by the second respondent. 21.03.2025 Vv To 1.The Deputy Commissioner of Police Central Crime Branch Greater Chennai, Vepery Chennai.

2.The Inspector of Police C3, Seven Wells Police Station Chennai.

3.The Inspector of Police Central Crime Branch Greater Chennai, Vepery Chennai.

G.K.ILANTHIRAIYAN, J.

Vv 21.03.2025