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Madras High CourtWP/30594/2015disposed of

Krithika.G, v. The Inspector Of Police

2017-08-23Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :23.08.2017 Coram The Hon'ble Dr.Justice G.Jayachandran Writ Petition No.30594 of 2015 Krithika.G .. Petitioner /versus/ 1.Inspector of Police, District Police Officer, Master Plan Complex, Tiruttani Road, Tiruvallur.

2.The Superintendent of Police, Central Bureau of Investigation, III Floor, ShastriBhavan No.26, Haddows Road, Nungambakkam, Chennai 600 006.

3.T.D.Naidu S/o K.P.Naidu Managing Trustee M/s Deendayal Medical & Education Trust, D.D.Nagar, Kunnavalam Post, Thiruvallur District.

4.Banu .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Manadmus directing the 1st respondent to transfer the investigation with respect of FIR No.12/2014 to the 2nd respondent and further direct the 2nd respondent to complete the investigation within a stipulated time.

For Petitioner :Mr.R.Chitraputhiran For Respondents:Mr.S.Babu, GA for R1 Mr.K.Srinivasan, Spl.P.P.(CBI) for R2

O R D E R

This writ petition is filed seeking Mandamus to transfer the investigation with respect to F.I.R.No.12 of 2014 to CBI.

2. It is now well settled that to transfer the investigation to some other specialized agency, there must be some strong reason. So far as this case is concerned, the apprehension of the petitioner is that one Prabhu has received Rs.40lakhs as capitation fees on behalf of T.D.Naidu and he was not arrayed as accused and a complaint lodged by the petitioner was not acted upon by the first respondent's Police.

3. However, the learned Government Advocate appearing for the first respondent submits that F.I.R.No.12 of 2014 has been taken for investigation. In this case, Prabhu is arrayed as A2 and Kamala is arrayed as A1 and the investigation is almost completed. They were not able to proceed further and file final report, due to interim stay granted by this Court in the connected Crl.O.P.No.4753 of 2014 and 4460 of 2014 filed by one T.D.Naidu, who is main perpetrator of the crime, is arrayed as one of the accused in this case.

4. While the fact being so, this Court finds, there is no reason to entertain this writ petition. Hence, this writ petition is disposed of with a direction to the first respondent to complete the investigation and file a final report as early as possible preferably not later by 8 weeks.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ari To 1.Inspector of Police, District Police Office, Master Plan Complex, Tiruttani Road, Tiruvallur.

2.The Superintendent of Police, Central Bureau of Investigation, III Floor, ShastriBhavan No.26, Haddows Road, Nungambakkam, Chennai 600 006.

+1 CC to The Govt. Pleader sr 61305.

+1 Cc to Ms.C. Chitraputhiran, Advocate sr 61466. W.P.No.30594 of 2015 SS(CO) sp(26/09/2017)