Madras High CourtCRL OP/10144/2022dismissed

K.Kumar v. The State Rep By

2022-06-06Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.10144 OF 2022 K.Kumar, S/o. Kuppan ... Petitioner

Versus

State rep. by Inspector of Police, R-3 Ashok Nagar Police Station, Chennai.

(Crime No.76 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.76 of 2020 for the offence under Sec.174 Cr.P.C. from the file of the respondent police to the file of CBCID, Chennai and file a final report before the concerned jurisdictional Magistrate Court.

For Petitioner :

Mr.A.Saravanan For Respondent :

Mr.A.Gokulakrishnan, Addl. Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction directing the respondent to transfer the investigation in Crime No.76 of 2020 for the offence under Sec.174 of Cr.P.C. to the file of CBCID, Chennai and file a final report before the concerned jurisdictional Magistrate Court.

2. The main allegation is that the respondent has not conducted investigation. Whereas, learned Addl. Public Prosecutor submitted that the petitioner's wife has committed suicide in view of money transaction. Therefore, a case under Sec.174 of Cr.P.C. has been registered and thereafter, proper https://hcservices.ecourts.gov.in/hcservices/

investigation was conducted, 16 witnesses have been examined and finally, a negative report has been filed and RCS notice was also served on the petitioner.

3. Such being the position, the question of transferring the investigation does not arise at all. It is for the petitioner to work out his remedy as per law in the form of filing a protest petition before the appropriate court. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rpp To

1. The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.10144 of 2022 GPL(CO) RLP(14/06/2022) https://hcservices.ecourts.gov.in/hcservices/