Madras High CourtCRL OP/16523/2014closed

M.Kavitha v. The Director General Of

2015-02-03Honourable Mr Justice R.S.Ramanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.16523 of 2014 M.Kavitha ..

Petitioner vs.

1. The Director General of Police, Santhome, Chennai-600 004.

2. The Commissioner of Police, Vepery, Chennai-600 007.

3. The Inspector of Police, F4, Thousand Lights Police Station, Greams Road, Chennai-600 006.

4. The Crime Branch-Central Investigation Department, 3rd Block, Guindy Industrial Estate, Guindy, Chennai-600 032.

Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying for a direction to withdraw the investigation in Crime No.415 of 2014 pending on the file of the 3rd respondent and transfer the same to the file of the 4th respondent. For Petitioner : Mr.P.Karl Marx For Respondents : Mr.M.Maharaja Additional Public Prosecutor

O R D E R

This petition has been filed under Section 482 of the Criminal Procedure Code, seeking direction to withdraw the investigation in Crime No.415 of 2014 pending on the file of the 3rd respondent and transfer the same to the file of the 4th respondent.

2. It is submitted by the learned Additional Public Prosecutor that charge sheet was filed before the learned XIV Metropolitan Magistrate, Egmore, Chennai in P.R.C.No.115/2014 on 28.08.2014.

3. The learned counsel for the petitioner submitted that the respondent police, without conducting proper investigation, filed charge sheet, omitting the name of the real accused, namely one Vinoth.

4. As charge sheet was filed and taken on file by the concerned Magistrate, this petition cannot be entertained at this stage. Hence, this Criminal Original Petition is dismissed with liberty to the petitioner to approach the learned Magistrate for further direction.

jvm -s/d- Assistant Registrar(J) Dt:11/2/2015 True Copy Sub-Assistant Registrar To

1. The Director General of Police, Santhome, Chennai-600 004.

2. The Commissioner of Police, Vepery, Chennai-600 007.

3. The Inspector of Police, F4, Thousand Lights Police Station, Greams Road, Chennai-600 006.

4. The Crime Branch-Central, Investigation Department, 3rd Block, Guindy Industrial Estate, Guindy, Chennai-600 032.

5. The Public Prosecutor, High Court, Madras.

6. The XIV Metropolitan Magistrate, Egmore, Chennai.

7. The Chief Metropolitan Magistrate, Egmore, Chennai 8.

+ 1 cc to Mr.P.Karl Marx Advocate SR 5588 skv(co) prk16/2 Crl.O.P.No.16523 of 2014