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Madras High CourtCRL OP/17532/2016dismissed

V.Neelakandan, Aged 63 Years v. The Commissioner Of Police

2017-09-05Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2017

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.17532 of 2016 & Crl.M.P.No.8412 of 2016 V.Neelakandan

...Petitioner

.vs.

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Ambattur, Chennai.

3. The Assistant Commissioner of Police, T-15, SRMS Police Station, Porur Chennai - 600 116.

4. Inspector of Police, Inspector of Police, T-15,SRMS Police STation, Porur Chennai - 600 116.

...Respondents

PRAYER:Criminal Original Petition filed under section 482 of Criminal Procedure Code to direct the 3rd respondent to transfer the investigation in Crime No:1397 of 2016 pending on the file of the 4th respondent and appoint a suitable officer in the same rank of the Inspector of police.

For Petitioner : Mr.S.R.Udaya Kumar For Respondents : Mr.C.Emalias

Additional Public Prosecutor

ORDER

On the complaint lodged by Murali, the respondent police have registered a case in Crime No.1397 of 2016 for the offences under sections 420 and 406 of IPC against Neelangandan and Mathivanan. It is the case of the defacto complaint that he had obtained a loan from Neelangandan on 12.01.2012 and has given property documents as security and despite payment of entire loan to Neelagandan, he has not returned the parent documents. While so, Neelangandan has filed the present petition for transfer of the investigation in Crime No.1397 of 2016 from the file of the fourth respondent to some other officer.

2. In the considered opinion of this Court, the accused has no locus standi to file an application for transfer of investigation. Investigation is conducted under Chapter 12 of Code of Criminal Procedure and the investigation may either end in final report or a closure report. One cannot say that it will necessarily end in a final report.

3. In view of the above, this petition is devoid of merits and this petition is dismissed. Consequently, connected miscellaneous petition is closed. 05.09.2017 vrc/smn

To,

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, Ambattur, Chennai.

3. The Assistant Commissioner of Police, T-15, SRMS Police Station, Porur Chennai - 600 116.

4. Inspector of Police, Inspector of Police, T-15,SRMS Police STation, Porur Chennai - 600 116.

P.N.PRAKASH,J.

vrc/smn Crl.O.P.No.17532 of 2016 & Crl.M.P.No.8412 of 2016 05.09.2017