S.Vijaya Kumari v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20931 of 2019 and Crl.M.P.No.10790 of 2019 S.Vijaya Kumari ... Petitioner/Defacto Complainant Vs.

The Inspector of Police, Central Crime Branch, Chennai.

(In Crime No.207 of 2011) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 407 of Cr.P.C., to withdraw the case in old C.C.No.2968 of 2012, New C.C.No.09 of 2013 on the file of the learned Land Grabbing Special Court-I, Chennai and transfer the same to any other competent Court in the other districts of Tamil Nadu. For Petitioner : Mr.Venkataswamy Babu For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to withdraw the case in old C.C.No.2968 of 2012, New C.C.No.09 of 2013 on the file of the learned Land Grabbing Special Court-I, Chennai and transfer the same to any other competent Court in the other districts of Tamil Nadu.

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.

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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.I, Chennai, and to 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True copy// Sub Assistant Registrar vs/jas To 1.The Inspector of Police, Central Crime Branch, Chennai.

2.The Public Prosecutor, High Court, Madras.

3. The learned Land Grabbing Special Court-I, Chennai

4. The Metropolitan Magistrate, CCB & CBCID, Egmore, Chennai.

+1cc to Mr.Venkataswamy Babu, Advocate SR.No.66808 Crl.O.P.No.20931 of 2019 and Crl.M.P.No.10790 of 2019 RV(CO) GMY(29/08/2019) https://hcservices.ecourts.gov.in/hcservices/