Madras High CourtCRL OP/21124/2013disposed of

G.Subramaniam v. The Inspector Of Police

2018-01-19Honourable Dr Justice G. Jayachandran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2018

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.21124 of 2013 G.Subramaniam ... Petitioner Vs.

1.The Inspector of Police, CBCID, Namakkal District.

2.The CBI, Namakkal District.

... Respondents Prayer: Criminal original petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.882 of 2007 on the file of the 1st respondent to the 2nd respondent to investigate and file final report. For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.P.Govindarajan for R1 Additional Public Prosecutor Mr.K.Srinivasan for R2 Special Public Prosecutor

O R D E R

Mr.G.Subramaniam, petitioner herein, is the defacto complainant in Crime No.882 of 2007 on the file of Pallipalayam Police Station, Namakkal District. Since, he was not satisfied with the investigation done by the local police, he sought for transfer of investigation to CBCID, Namakkal District.

2. This Court had entertained the earlier petition filed by the petitioner in Crl.O.P.No.1818 of 2010 dated 10.06.2010 and transferred the investigation to CBCID, Namakkal District.

3. The CBCID has completed the investigation and filed a final report, which has been taken on file by the Chief Judicial Magistrate, Namakkal assigning the Calendar Case No. 1 of 2015. But, in the intermediate period, the petitioner herein has filed the present Crl.O.P.No.21124 of 2013 dated 13.08.2013 https://hcservices.ecourts.gov.in/hcservices/

contending that the investigation by CBCID, Namakkal District is not satisfactory and therefore, it has to be transferred to CBI for proper investigation. The petition pending for more than 5 years, without any adjudication.

4. In the meanwhile, as stated above, the CBCID after investigation had filed a final report. Hence, the prayer sought for in the petition does not survive. Accordingly, this petition is disposed of, observing that the respondent police, who has filed the final report, to take measures to expedite the trial and complete it within a reasonable time.

5. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True copy// Sub Assistant Registrar gmd To 1.The Chief Judicial Magistrate, Namakkal.

2.The Inspector of Police, CBCID, Namakkal District.

3.The CBI, Namakkal District.

4.The Public Prosecutor, High Court, Madras.

5. The Section Officer, Crl Section, High Court, Madras. ( 2 Copies) +1cc to Mr.N.A.Nissar Ahmed, Advocate SR.No.4238 Crl.O.P.No.21124 of 2013 AD(CO) GN(08/02/2018) https://hcservices.ecourts.gov.in/hcservices/