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Madras High CourtWP/13793/2023dismissed

Ganga Balaraman v. Commissioner Of Police

2025-02-27Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

1. Ganga Balaraman

2. Aravind Balaraman Petitioner(s) Vs

1. Commissioner of Police, Greater Chennai Commissioner of Police Office, Vepery, Chennai 600 007.

2. Assistant Commissioner of Police, Land Grabbing Cell, Central Crime Branch, Vepery, Chennai 600 007.

3. Inspector of Police, Land Grabbing Cell, Central Crime Branch, Vepery, Chennai 600 007.

4. Assistant Commissioner of Police, C.B.C.I.D, Egmore, Chennai.

5. R.Deivasigamani Respondent(s) Prayer:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the transfer of investigation of the petitioner's complaint dated 16.07.2019 from the file of 3rd respondent to the file of 4th respondent and to pass. For Petitioners : Mr.V.J.Arulraj For R1 to R4 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/5

ORDER

This writ petition has been filed for direction, directing the transfer of investigation of the petitioner's complaint dated 16.07.2019 from the file of 3rd respondent to the file of 4th respondent.

2. On instructions, Mr.K.M.D.Muhilan, learned Government Advocate appearing for the respondents 1 to 4 submitted that the 3rd respondent has conducted an enquiry and the same was closed. That apart, before registration of First Information Report , the investigation does not arise. If at all, the 3rd respondent failed to register any complaint, the petitioner has to approach the appropriate forum. Hence, he prays for dismissal of the present writ petition.

3. Heard both sides and perused the materials available on record.

4. Taking into consideration the submission made by the learned Government Advocate appearing for the respondents 1 to 4, it is evident that before registration of First Information Report, the investigation does not arise, inasmuch as the transfer of case is not available. Hence, the prayer sought for in this Writ Petition cannot be granted.

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5. Accordingly, the writ petition is dismissed. No costs. 27-02-2025 Index : Yes/No : Yes/No Speaking/non-speaking order To

1. Commissioner of Police, Greater Chennai Commissioner of Police Office, Vepery, Chennai 600 007.

2. Assistant Commissioner of Police, Land Grabbing Cell, Central Crime Branch, Vepery, Chennai 600 007.

3. Inspector of Police, Land Grabbing Cell, Central Crime Branch, Vepery, Chennai 600 007.

4. Assistant Commissioner of Police, C.B.C.I.D, Egmore, Chennai.

5. The Public Prosecutor, Madras High Court, Chennai.

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G.K. ILANTHIRAIYAN,J., 27.02.2025 4/5

W.M.P.No.13462 of 2023 in W.P.No.13793 of 2023 G.K. ILANTHIRAIYAN,J.

Ordered.

27.02.2025 5/5