Nazar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15989 of 2021 Nazar.

... Petitioner

Versus

1. The Superintendent of Police, Office of the Superintendent of Police, District Police Office, Krishnagiri Range.

2. The Deputy Superintendent of Police, CB-CID (North Zone)

3. The Inspector of Police Maharajakadai Police Station, Krishnagiri District.

Crime No. 89/2021.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of FIR in Crime No.89 of 2021, from the file of 3rd Respondent to 2nd Respondent.

For Petitioners :

Mr.M.Vimal Bobby Crimson.

For Respondents :

Mr.A.Damodharan, Government Advocate (Crl.Side)

ORDER

The petitioner, who is A6 in Crime No.89 of 2021, has filed this petition seeking transfer of investigation.

2. The learned counsel for the petitioner would submit that in the complaint itself the defacto complainant admits that the petitioner herein and the defacto complainant are known

to each other and there was some money transaction between them. The apprehension of the petitioner is that since the occurrence has taken place near the border of Tamilnadu and Karnataka, there is likelihood that offenders would escape from Tamilnadu and reach Karnataka with huge amount of money involved in this case. He would further submit that he has been falsely implicated in this case and the respondent police has not conducted proper investigation to seize the amount. Hence, the present petition.

3. The learned Government Advocate (crl.side) submitted that in this case, First Information Report came to be registered on 02.07.2021. Earlier, the petitioner moved Crl.O.P.No.12308 of 2021 before this Court for transfer the investigation and this Court, with a finding that the petitioner, who is an accused, has got no locus to file the petition, dismissed the same on 19.07.2021. Now, the present petition has been filed with the same prayer. He would further submitted that a fair investigation has been carried out. After investigation, final report will be filed within a period of 3 months. If the contention of the petitioner found to be false, appropriate action will be taken.

4. Regarding the submissions, this Court finds that the petitioner has no locus to file this petition and this petition is liable to be dismissed.

5. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mrp To

1. The Superintendent of Police, Office of the Superintendent of Police, District Police Office,

2. The Deputy Superintendent of Police, CB-CID (North Zone)

3. The Inspector of Police Maharajakadai Police Station, Krishnagiri District.

CRL.O.P.No.15989 of 2021 PMK(CO) SU(08/10/2021)