Balamanian 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.12653 of 2023 Balamanian ... Petitioner Vs.

1.The Commissioner of Police, No.132, Commissioner Office Building, E.V.K. Sampath Road, Greater Chennai Vepery, Chennai 600 007.

2.The Inspector of Police Central Crime Branch-Team-33 Forgery Wing, Vepery, Chennai 600 007.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the first respondent to transfer the investigation in Crime No.269 of 2022 from the file of second respondent to CBCID or some other fair agency.

For Petitioner : Mr.L.Infant Dinesh 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 the first respondent to transfer the investigation in Crime No.269 of 2022 from the file of second respondent to CBCID.

2. The learned Government Advocate would submit that on the basis of the complaint lodged by the petitioner, FIR in Crime No.269 of 2022 has been registered as against the three accused persons for the offences under Sections 465, 467, 468, 471 and r/w 34 of IPC. The complaint was lodged by the petitioner alleging that the petitioner's signature was forged and fabricated by the accused persons in order to grab the petitioner's property. After registration of FIR, the second respondent conducted detailed investigation and found that the petitioner's signature was forged and fabricated. Therefore, the second

respondent arrested A1 insofar as A2 and A3 are concerned, there are various other issues pending against them. The second respondent is about to file counter, at this juncture, if the investigation is transferred to any other Investigating Officer would adversely affect the work already done by the second respondent. That apart, the investigation is almost completed.

3. Considering the above facts and circumstances, this Court is not inclined to transfer the investigation in Crime No.269 of 2022 from the file of the second respondent to any other agencies. However, this Court directs the second respondent to complete the investigation within a period of twelve weeks from the date of receipt of a copy of this order. The Criminal Original Petitions stands dismissed accordingly. 03.02.2025 : Yes/No Speaking/non-speaking order shk

G.K.ILANTHIRAIYAN, J.

shk To 1.The Commissioner of Police, No.132, Commissioner Office Building, E.V.K. Sampath Road, Greater Chennai Vepery, Chennai 600 007.

2.The Inspector of Police Central Crime Branch-Team-33 Forgery Wing, Vepery, Chennai 600 007.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12653 of 2023 03.02.2025