A.V.Aslam Ahamed v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8564 of 2019 A.V.Aslam Ahamed

...Petitioner

-Vs1.The Superintendent of Police, Vellore District.

2.The Inspector of Police, Vaniyambadi Town Police Station, Vellore District.

3.The Inspector of Police, C.B.C.I.D., Vellore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Cr.No.332 of 2018 pending on the file of the Inspector of Police, Vaniyambadi Town Police Station, Vellore District to the third respondent i.e, the Inspector of Police, C.B.C.I.D., Vellore District.

For Petitioner : Mr.N.Sudharsan For Respondents: Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition has been filed to transfer the investigation in Cr.No.332 of 2018 pending on the file of the Inspector of Police, Vaniyambadi Town Police Station, Vellore District to the third respondent i.e, the Inspector of Police, C.B.C.I.D., Vellore District.

2. It is seen that, the FIR has been registered on 15.10.2018 as agains two accused persons punishable under Sections 465, 467, 468, 471, 120(B), 506(1), 109 and 511 of I.P.C. and Section 4 of the Prohibition of Charging Exorbitant https://hcservices.ecourts.gov.in/hcservices/

Interest Act, 2003. The first accused obtained anticipatory bail and the second accused is still absconding. In view of the nature of the offence committed by the accused, the second respondent is not inclined to continue the investigation.

3. Considering the above facts and circumstances, it would be appropriate to transfer the investigation from the file of the second respondent to the file of the District Inspector of Police, C.B.C.I.D., Vellore.

4. The first respondent is directed to withdraw the F.I.R in Crime No.332 of 2018 from the file of the second respondent and transfer the same to the third respondent viz., Inspector of Police, C.B.C.I.D., Vellore District, within a period of two weeks from the date of receipt of the copy of the order. On receipt of the same the Inspector of Police, C.B.C.I.D., Vellore District is directed to complete the investigation and file the final report within a period of six months from the date of receipt of the entire bundle.

5. Accordingly, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar rri To 1.The Superintendent of Police, Vellore District.

2.The Inspector of Police, Vaniyambadi Town Police Station, Vellore District.

3.The Inspector of Police, C.B.C.I.D., Vellore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr. N.Sudharsan, Advocate, S.R.No. 38976 Crl.O.P.No.8564 of 2019 PVS(CO) GN(25/04/2019) https://hcservices.ecourts.gov.in/hcservices/