M. Abubuckser Siddiq v. The Director General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.23289 of 2015 M.Abubucker Siddiq ... Petitioner Vs 1.The Director General of Police, Beach Road, Chennai.

2. The Commissioner of Police, Chennai City, Chennai.

3. The Superintendent of Police, CBCID, Chennai.

4. The Joint Director, Central Bureau Investigation, Sasthiri Bhavan, Chennai.

5. The Inspector of Police, City Crime Branch, EDF-II, Team, IX A, Veppery, Chennai.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent Nos.1 and 2 to transfer the investigation in Crime No.186 of 2015 from the 5th respondent to 4th respondent.

For Petitioner : Mr.S.M.A.Jinnah For respondents : Mr.S.Shanmugha Velayautham, Public Prosecutor.

O R D E R

The petition has been filed to direct the first and second respondents to transfer the investigation in Crime No.186 of 2015 from the 5th respondent to 4th respondent.

2. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. The only ground raised by the petitioner to transfer the investigation is that for the past one year, FIR is pending with the 5th respondent without any progress.

4. In my considered opinion, except the said ground, no other ground has been raised by the petitioner for transfer of the investigation from the file of the 5th respondent to the 4th respondent.

5. Learned Public Prosecutor submits that the since the accused are absconding, they were not in a position to complete the investigation. However, the respondent is prepared to expedite the investigation and complete the same within the stipulated time.

6. In view of the submission made by the learned Public Prosecutor, I am of the opinion that there is no need for transfer of the investigation in respect of Crime No.186 of 2015 from the file of the 5th respondent to the file of the 4th respondent. However, there shall be a direction to the respondent to proceed with the investigation and complete the investigation and file a final report as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. Accordingly, the criminal original petition is disposed of.

Sd/- Assistant Registrar(J) True Copy Sub Assistant Registrar

To 1.The Director General of Police, Beach Road, Chennai.

2. The Commissioner of Police, Chennai City, Chennai.

3. The Superintendent of Police, CBCID, Chennai.

4. The Joint Director, Central Bureau of Investigation, Sasthiri Bhavan, Chennai.

5. The Inspector of Police, City Crime Branch, EDF-II, Team, IX A, Veppery, Chennai.

.

6.The Public Prosecutor, High Court, Madras.

+1cc to The Public Prosecutor, Advocate Sr.60201 Crl.O.P.No.23289 of 2015 gr[co] srg 23/11/2015