A.Shanmugasamy v. The Additional Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Shanmugasamy .....

Petitioner Vs 1.The Additional Director General of Police Economic Office Wing, Police Training School Ashok Nagar, Chennai 2.The Superintendent of Police Economic Office Wing, Police Training School Ashok Nagar, Chennai 3.The Inspector of Police (EOW) Cuddalore District 4.The Enforcement Director 2nd and 3rd Floors, C Block, Murugesa Naicker Officer Complex, Greams Road, Thousand Lights, Chennai.

.....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to issue a direction directing the 1st & 2nd respondents to transfer the investigation on the file of the

3rd respondent police in connection with Crime No.1 of 2021 and the same may be transferred to the 4th respondent police or some other independent investigation agency or any other competent investigation agency in the light of the representation dated 10.02.2025 and to complete the investigation within the time.

For Petitioner : Mr.M.Dinesh For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 1st & 2nd respondents to transfer the investigation in Crime No.1 of 2021 from the file of the 3rd respondent to the 4th respondent police or some other investigating agency.

2. On instructions, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that the investigation in Crime No.123 of 2022 has been completed and the final report has been filed before the TNPID Court, Chennai. The same has been taken cognizance by the Trial Court in C.C.No.9 of 2024.

3. In view of the above submission, it is evident that no investigation is pending on the file of the respondent. Therefore, the question of transferring the investigation does not arise. Accordingly, this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to invoke the provisions under Section 216 and 319 of Cr.P.C before the Trial Court, if so advised. 21.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Additional Director General of Police Economic Office Wing, Police Training School Ashok Nagar, Chennai 2.The Superintendent of Police Economic Office Wing, Police Training School Ashok Nagar, Chennai 3.The Inspector of Police (EOW) Cuddalore District

G.K.ILANTHIRAIYAN, J.

Lpp 4.The Enforcement Director 2nd and 3rd Floors, C Block, Murugesa Naicker Officer Complex, Greams Road, Thousand Lights, Chennai.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11623 of 2025 21.04.2025