B.Peethambaram v. The Dirctor General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28140 of 2015 B.Peethambaram ... Petitioner Vs

1. The Director General of Police, Mylapore, Chennai - 600 014.

2. State rep. By Superintendent of Police, Land Grabbing Cell, Kancheepuram Taluk, Kancheepuram district.

3. The Inspector of Police, Land Grabbing Cell, Kancheepuram Taluk, Kancheepuram District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation agency in crime No.13 of 2015 on the file of the 3rd respondent police to the file of some other impartial agency of some other District to do a thorough investigation and to proceed and complete the necessary action and to file a final report for the same.

For Petitioner :

Mr.S.Arivazhagan For respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to to transfer the investigation agency in crime No.13 of 2015 on the file of the 3rd respondent police to the file of some other impartial agency of some other District to do a thorough investigation and to proceed and complete the necessary action and to file a final report for the same.

2. The petitioner herein lodged a complaint as against Balarajan, Selvaraj, Raju, Prakash, Dhanasekaran, Suresh for the allegation of land grabbing and criminal intimidation. But the said complaint was not registered so far. The respondent police has not taken any action. Hence, the petitioner has come forward with this petition to transfer the investigation. https://hcservices.ecourts.gov.in/hcservices/

3. When the matter is taken up for consideration, learned Additional Public Prosecutor submitted that after conducting enquiry, the F.I.R has been closed and when the respondent police made an attempt to serve the RCS.No.13 of 2015, the petitioner refused to receive the same.

4. In view of the said submission made by the learned Additional Public Prosecutor, the 3rdrespondent police is directed to serve RCS.No.13 of 2015 within a period of one week from the date of receipt of a copy of this order and the petitioner is directed to receive the same and the petitioner is at liberty to work out his remedy before the concerned Court under Section 173 Cr.P.C..

5. This criminal original petition is disposed of accordingly.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vsi To

1. The Director General of Police, Mylapore, Chennai - 600 014.

2. The Superintendent of Police, Land Grabbing Cell, Kancheepuram Taluk, Kancheepuram district.

3. The Inspector of Police, Land Grabbing Cell, Kancheepuram Taluk, Kancheepuram District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.Arivazhagan, Advocate, sr.63813 Crl.O.P.No.28140 of 2015 sv co kra 14.12.2015 https://hcservices.ecourts.gov.in/hcservices/