Mr.Illayaperumal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.28383 of 2014 Mr.Illayaperumal ..Petitioner Vs 1.State by The Inspector of Police, Maduravoyal Police Station, Chennai.

2.State by The Inspector of Police, K-10 Koyambedu Traffic Investigation Team, Koyambedu Police Station, Chennai.

..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the F.I.R., pending in Crime No.T12 Crime No.919/PH3/14 dated 29.06.2014 from the file of the second respondent police to the first respondent police for further investigation.

For Petitioner :Mr.M.Jaikumar For Respondents :Mr.C. Emalias, Additional Public Prosecutor

ORDER

Seeking to transfer the F.I.R., pending in Crime No.T12 Crime No.919/PH3/14 dated 29.06.2014 from the file of the second respondent police to the first respondent police for further investigation, the petitioner has come up with this petition. 2.I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and I have also perused the records carefully. 3.It appears that the investigation is being conducted by the Inspector of Police, K-10 Koyambedu Traffic Investigation Team, Koyambedu Police Station, Chennai and they have also not completed the investigation and filed any final report. 4.The learned counsel for the petitioner pointed out to this Court several infirmities in the version of the present Investigating Officer with regard to the death of Govindasamy. This https://hcservices.ecourts.gov.in/hcservices/

Court is of the view that, in the interest of justice, it will be appropriate for this Court to transfer the investigation from the file of the second respondent to the file of the first respondent police, in whose jurisdiction the incident had taken place. 5.Accordingly, the case pending in Crime No.T12 Crime No.919/PH3/14 dated 29.06.2014 is transferred from the file of the second respondent police to the first respondent police for further investigation and the second respondent is directed to hand over the case diary pertaining to the present case to the first respondent forthwith.

6.With the above directions, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Maduravoyal Police Station, Chennai.

2.State by The Inspector of Police, K-10 Koyambedu Traffic Investigation Team, Koyambedu Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Jaikumar, Advocate Sr.23024 Crl.OP No.28383 of 2014 AK(CO) Eu 04.05.2015 https://hcservices.ecourts.gov.in/hcservices/