N.Saravanan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11130 of 2023 Saravanan ... Petitioner Vs.

1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Superintendent of Police, CBCID, Coimbatore.

3.The Inspector of Police, Peelamedu Police Station, Coimbatore City, Crime No.249 of 2023.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to transfer the investigation in

Crime No.249 of 2023 from the file of the third respondent to the second respondent for conducting independent and impartial investigation in Crime No.249 of 2023 on the file of the Peelamedu Police Station. For Petitioner : Mr.R.Prabakar For Respondents : Mr.R.Vinothraja, Government Advocate (crl.side).

O R D E R

This Criminal Original Petition has been filed seeking a direction to transfer the investigation in Crime No.249 of 2023 from the file of the third respondent to the second respondent for conducting independent and impartial investigation.

2. The petitioner is an accused in Crime No.249 of 2023. According to the petitioner, he has been falsely implicated in this case. It is further stated that an earlier FIR was registered as against the petitioner in Crime No.74 of 2023 for the offence under Section 160 of IPC, in such case, the petitioner had obtained anticipatory bail. However,

the petitioner now faces charges in Crime No.249 of 2023 and he has no in the selection of the Investigating Officer. If the petitioner has any grievance regarding the case registered against him, he may approach this Court for appropriate relief.

3. In view of the above, the request made by the accused for transfer of investigation cannot be granted. That apart, the third respondent is on the verge of completing the investigation in Crime No.249 of 2023 and is about to file the final report. Therefore, this Court is not inclined to transfer the investigation. Accordingly, the Criminal Original Petition is dismissed.

03.02.2025 : Yes/No Speaking/non-speaking order shk

G.K.ILANTHIRAIYAN, J.

shk To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Superintendent of Police, CBCID, Coimbatore.

Crl.O.P.No.11130 of 2023 3.The Inspector of Police, Peelamedu Police Station, Coimbatore City, Crime No.249 of 2023.

4. The Public Prosecutor, High Court, Madras.

03.02.2025