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Madras High CourtCRL OP/11162/2018ordered

M/S.Magic Touch, v. The Commissioner Of Police,

2018-04-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P.No.11162 of 2018 M/s.Magic Touch, Rep. by its Sole Proprietor, J.Salomi, F/44 years, No.20A, 1st Street, Zakaria Colony, Choolaimedu, Chennai 600 094.

.. Petitioner vs.

1.The Commissioner of Police, Chennai District.

2.The Inspector of Police, R-2, Kodambakkam Police Station, Crime No.136 of 2018.

Chennai District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to withdraw the investigation in Crime No.136 of 2018 on the file of the second respondent herein and to transfer the same to any other independent investigating agency not below the rank of Assistant Commissioner of Police to conduct through investigation in Crime No.136 of 2018.

For petitioner ..

Mr.D.Gopal For respondents .. Ms.C.Raghavan Government Advocate (Criminal Side) https://hcservices.ecourts.gov.in/hcservices/

ORDER

This petition has been filed to direct the first respondent to withdraw the investigation in Crime No.136 of 2018 on the file of the second respondent herein and transfer the same to any other independent investigating agency not below the rank of Assistant Commissioner of Police to conduct investigation. 2.Taking into consideration the nature of the allegations in the First Information Report, this Court is of the view that it is not a fit case to transfer the investigation to CBCID as prayed for by the petitioner. However, interest of justice, would be subserved, if the Assistant Commissioner of Police, T.Nagar, is directed to monitor the investigation in Crime No.136 of 2018 and expeditiously complete the same in accordance with law and accordingly, it is ordered.

This Petition is disposed of with the above direction. Consequently, connected Criminal miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar cla/lok To 1.The Commissioner of Police, Chennai District.

2.The Assistant Commissioner of Police T.Nagar Chennai 3.The Inspector of Police, R-2, Kodambakkam Police Station, Crime No.136 of 2018.

Chennai District.

4.The Public Prosecutor, High Court, Madras 104.

+1 cc to Mr.D.Gopal Advocate sr 26574 Crl.O.P.No.11162 of 2018 br(co) aa25/04/2018 https://hcservices.ecourts.gov.in/hcservices/