S.Gnanasekaran v. The Deputy General Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.19547 of 2015 S.Gnanasekaran ... Petitioner Vs 1.The Deputy General Inspector of Police, Chengalput Range, Chennai.

2.The Superintendent of Police, Kancheepuram District, Kancheepuram.

3.The Inspector of Police, E-5, Koovathur Police Station, Kancheepuram District.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to transfer the investigation of the FIR No.116 of 2015 on the file of the Inspector of Police, E-5, Koovathur Police Station, Kancheepuram District to the District Crime Branch CID, Kancheepuram District for investigate the same. For Petitioner : Mr.A.P.Surya Prakasam For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondents to transfer the investigation in FIR No.116 of 2015 from the file of the 3rd respondent to the District Crime Branch CID, Kancheepuram District.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. The learned Additional Public Prosecutor represents that investigation was conducted in crime No.116 of 2015 and a Closure Report has been filed before the learned Judicial Magistrate, Thirukazhukundram. A copy of the Closure Report is furnished to the learned counsel for the petitioner across the bar. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, this petition is closed, with liberty to the petitioner to approach the learned Judicial Magistrate, Thirukazhukundram and file a protest application and on such application being filed, the learned Magistrate is directed to consider the same following the law laid down by the Hon'ble Supreme Court in Vinay Tyagi Vs Irshad Ali reported in 2013 [5] SCC 762. With the above direction, this petition is closed. gya s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Judicial Magistrate, Thirukazhukundram.

2.The Deputy General Inspector of Police, Chengalput Range, Chennai.

3.The Superintendent of Police, Kancheepuram District, Kancheepuram.

4.The Inspector of Police, E-5, Koovathur Police Station, Kancheepuram District.

5.The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.A.P.Surya Prakasam, Advocate SR 41654 rsi(co) prk25/8 CRL.OP.No.19547 of 2015 https://hcservices.ecourts.gov.in/hcservices/