M. Venkatesan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Crl.OP. No.22803 of 2015 M.Venkatesan .. Petitioner vs

1. State rep. by The Inspector of Police E-8, Kelambakkam Police Station Kanchipuram District.

2. The Inspector of Police CB-CID, Heasdquarters Office Guindy, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to withdraw the case from the first respondent and to transfer the investigation to the second respondent to conduct the investigation in connection with Crime No.561 of 2014 in E-8, Kelambakkam Police Station.

For Petitioner :Mr.S.Senthil Murugan For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking to withdraw the case from the first respondent file and to transfer the same to the file of the second respondent to conduct the investigation in connection with Crime No.561 of 2014 in E-8, Kelambakkam Police Station.

2. Learned counsel appearing for the petitioner would submit that the first respondent is not conducting the investigation in the matter, in proper manner. He would further submit that there are several allegations levelled as against the Investigating Officer concerned. Accordingly, he seeks to transfer the investigation from the file of the first respondent to the file of the second respondent.

3. Learned Additional Public Prosecutor appearing on behalf of the respondents would submit that if such allegations are brought to the notice of the Superior Officers, they themselves would have changed the Officer for conducting the investigation and https://hcservices.ecourts.gov.in/hcservices/

this petition is unwarranted. Accordingly, he would submit that this Court may consider the request made by the petitioner.

4. Heard both sides.

5. Considering the submissions made on either side, a different Officer, viz., the Inspector of Police concerned other than the first respondent, under the supervision of the Superintendent of Police shall investigate the matter, in accordance with law and file a final report as expeditiously as possible.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vj2 To

1. The Superintendent of Police Kancheepuram, Kancheepuram District.

1. The Inspector of Police E-8, Kelambakkam Police Station Kanchipuram District.

2. The Inspector of Police CB-CID, Heasdquarters Office Guindy, Chennai.

3. The Public Prosecutor, Madras.

+ 1 cc to M/s. S. Senthil Murugan, Advocate Sr.49804 Crl.OP No.22803 of 2015 TM(CO) EU 28.09.15 https://hcservices.ecourts.gov.in/hcservices/