Madras High CourtCRL OP/17745/2019disposed of

S.Sarath Kakumanu v. State Rep. By

2019-07-08Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17745 of 2019 S.Sarath Kakumanu ... Petitioner Vs.

State represented by Inspector of Police, Central Crime Branch, Team XVIII, Chennai.

(Crime No.766 of 2006) ... Respondent PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the case in Crime No.766 of 2006 on the file of the respondent from the Special Court for Land Grabbing Cases No.II, Chennai to the Court of CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai, who is having the competent jurisdiction to try the matter. For Petitioner : Mr.K.Pradeep Raj For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the final report which is pending before the Special Court for Land Grabbing Cases No.II, Chennai to the Court of CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai.

2.It is seen from records that the investigation has been completed and a final report has also been filed by the respondent police before the Special Court. In view of the pendency of the case before the Hon'ble Supreme Court, the Special Court will not be in a position to take cognizance of the final report. Therefore, the present petition has been filed to transfer the final report to the Court of the CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai.

https://hcservices.ecourts.gov.in/hcservices/

3.Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent police to take back the final report from the Special Court for Land Grabbing Cases No.II, Chennai, and file the same before the CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai. This exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. Immediately on receipt of the final report, the Court of CCB and CBCID, Metropolitan Magistrate, Egmore, Chennai is directed to take cognizance of the final report and proceed further in accordance with law.

4.Accordingly, this Criminal Original Petition is disposed of disposed of with the above directions.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pnn To 1.The Inspector of Police, Central Crime Branch, Team XVIII, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Pradeep Raj, Advocate Sr.57067 Crl.O.P.No.17745 of 2019 ca[co] srg 07/08/2019 https://hcservices.ecourts.gov.in/hcservices/