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Madras High CourtWP/15943/2025dismissed

R.Geetha v. The Home Secretary To The Government

2025-06-04Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN R.Geetha ... Petitioner versus

1. The Home Secretary to the Government, 2nd Floor, Main Building, Rajaji Road, Fort St.George, Chennai - 600 009.

2. The Director General of Police, The Director General of Police Office, Kamarajar Promenade, Kailasapuram, Mylapore, Chennai - 600 005.

3. The Superintendent of Police, Chinna Ekkadu, Jaya Nagar, Tiruvallur - 602 001.

4. The State of Tamil Nadu, Rep.by Inspector of Police, District Crime Branch, Tiruvallur District - 602 001.

Pg.Nos.1/6

5. The Head of the Department, Crime Branch CID, Tamil Nadu, Old Commissioner of Police Complex Pantheon Road, Egmore, Chennai - 600 008.

6. Ravi Chandran

7. Thenmozhi

8. Suresh ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 4th respondent/Police to transfer the investigation in Crime No.39 of 2022 on the file of the 5th respondent to the CBCID.

For Petitioner :

Mr.T.Jayaramaraj For Respondents :

Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 to R5

O R D E R

Dr.C.E.Pratap, learned Government Advocate (Crl.Side) accepts notice for respondents 1 to 5. Since this writ petition is being disposed of without passing any adverse orders against respondents 6 to 8 affecting their interest, notice to respondents 6 to 8 is dispensed with. Pg.Nos.2/6

2. The writ petition has been filed seeking for issuance of a writ of mandamus to direct the 4th respondent/Police to transfer the investigation in Crime No.39 of 2022 on the file of the 5th respondent to the CBCID.

3. According to the petitioner, she filed a complaint against the accused on 17.05.2022. After investigation, the 4th respondent/Police registered a case in Crime No.39 of 2022 on 26.05.2022. However, the respondents-Police have not taken any steps to secure the accused. Hence, the petitioner filed a petition in Crl.O.P.No.16607 of 2023 before this Court and sought for a direction to respondents-Police to file charge-sheet in F.I.R.No.39 of 2022 and the same was ordered on 25.07.2023. However, till date, the respondents-Police have not taken any severe action against the accused or filed the charge-sheet. Hence, the present writ petition.

4. Learned Government Advocate (Crl.Side) appearing for the respondents-Police, on instructions, submitted that pending writ petition, the fourth respondent/Police filed the absconding charge-sheet and the same was taken on file in C.C.No.377 of 2024 by the learned Judicial Magistrate No.I, Tiruvallur.

Pg.Nos.3/6

5. In view of the submission made by the learned Government Advocate (Crl.Side), this Court finds that since the fourth respondent-Police has already conducted investigation and filed absconding charge-sheet before the concerned jurisdictional Magistrate, there is no necessity to transfer the investigation in Crime No.39 of 2022 on the file of the 5th respondent to the CBCID. Hence the Writ Petition is dismissed. There shall be no order as to costs.

04.06.2025 Index : Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To

1. The Home Secretary to the Government, 2nd Floor, Main Building, Rajaji Road, Fort St.George, Chennai - 600 009.

2. The Director General of Police, The Director General of Police Office, Kamarajar Promenade, Kailasapuram, Mylapore, Chennai - 600 005.

3. The Superintendent of Police, Chinna Ekkadu, Jaya Nagar, Tiruvallur - 602 001.

4. The Inspector of Police, State of Tamil Nadu, District Crime Branch, Tiruvallur District - 602 001.

5. The Head of the Department, Crime Branch CID, Tamil Nadu, Old Commissioner of Police Complex Pantheon Road, Egmore, Chennai - 600 008.

6. The Public Prosecutor, High Court, Madras.

Pg.Nos.5/6

P.VELMURUGAN, J ms 04.06.2025 Pg.Nos.6/6