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Madras High CourtCRL OP/8368/2023dismissed

Mr.Dev Ashokan v. The Commissioner Of Police, Chennai

2025-01-29Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8368 of 2023 Dev Ashokan ... Petitioner Vs.

1.The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Greater Chennai, Chennai 600 007.

2.The State rep by The Inspector of Police, Central Crime Branch -I, Chennai 600 007. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the first respondent to transfer the investigation of the case in Crime No.208 of 2018 pending on the file of second respondent to CBCID or any other fair agency in the best interest of justice.

For Petitioner : Mr.L.Infant Dinesh For Respondents : Mr.R.Vinothraja, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime No.208 of 2018 pending on the file of second respondent to CBCID.

2. Heard both sides and perused the material available on record.

3. The learned Government Advocate (criminal side), on instructions, submitted that based on the complaint lodged by the petitioner, a case has been registered, and the final report has been filed before the Judicial Magistrate, Alandur on 01.02.2025. Therefore, no investigation is pending on the file of the second respondent, and the transfer of investigation does not arise.

4. Recording the submission made by the learned Government

Advocate (criminal side), this Criminal Original Petition stands dismissed.

13.02.2025 : Yes/No Speaking/non-speaking order shk To

1. Judicial Magistrate, Alandur 2.The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Greater Chennai, Chennai 600 007.

3.The Inspector of Police, Central Crime Branch -I, Chennai 600 007.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk

Crl.O.P.No.8368 of 2023 13.02.2025