D.Suresh v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN D.Suresh ....

Petitioner Vs

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Steel Plant Police Station, Salem.

3. The Inspector of Police, CBCID, Salem.

....

Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to pass an order of direction directing the 1st respondent to transfer the investigation concerned in Crime No.245 of 2022 on the file of Inspector of Police, Steel Plant Police Station, Salem City to the file of 3rd respondent or any other competent investigation agency to conduct a free and fair investigation and to file a final report. For Petitioner : Mr.N.Anand For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/5

O R D E R

This Criminal Original Petition has been filed for transfer of the investigation in Crime No.245 of 2022 from the file of the second respondent to the file of the third respondent.

2. On instruction, the learned Government Advocate (Crl.Side) appearing for the respondents submitted that based on the complaint lodged by the petitioner, the second respondent conducted a preliminary enquiry. In the meanwhile, the petitioner filed a petition under Section 156(3) of Cr.P.C in Crl.M.P.No.2377 of 2022 on the file of the Judicial Magistrate No.I, Salem, seeking direction. As directed by the learned Magistrate, the second respondent registered an FIR in Crime No.245 of 2022 for the offences under Sections 420 & 506(1) of IPC. Now, the investigation is almost completed and final report is about to be filed. Therefore, at this stage, transferring the investigation to any other investigation agency would affect the investigation already done by the second respondent.

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3. In view of the above, this Court is not inclined to transfer the investigation in Crime No.245 of 2022 from the file of the second respondent to the third respondent. Accordingly, this Criminal Original Petition stands dismissed. 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. 05.02.2025 Index : Yes / No Internet : Yes/No Lpp To

1. The Commissioner of Police, Salem City, Salem.

2. The Inspector of Police, Steel Plant Police Station, Salem.

3. The Inspector of Police, CBCID, Salem.

4.The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

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