Sugumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN CRL.O.P.NO.19298 OF 2019 Sugumar S/o.Munuswamy.

... Petitioner Vs

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, B3, Kanchi Taluk Police Station, Kancheepuram District, Crime No.8 of 2012

3. The Central Bureau of Investigation, Rep. by its Superintendent of Police, Special CBI ACB, 3rd Floor, Sastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying direction to direct the first respondent herein to transfer the investigation in Crime No.08 of 2012 pending on the file of the second respondent to the third respondent or Central Bureau of Investigation to conduct the investigation in manner know law and file final report within a stipulated time. For Petitioner : Mr.S.Senthilvel For Respondents For R1 & R2 : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking direction to direct the first respondent to withdraw the

investigation in Crime No.08 of 2012 pending on the file of the second respondent and to entrust the same to the third respondent for conducting further investigation and for filing final report.

2.

Heard Mr.S.Senthilvel, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents 1 & 2. 3.

Today when the petition is taken up for hearing, Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents 1 & 2 would submit that in respect of the petition mentioned Crime No.08 of 2012, the second respondent police conducted investigation and filed final report and the same has been taken on file in P.R.C.No.05 of 2014 on the file of the learned Judicial Magistrate No.II, Kancheepuram. According to him, as of now, no investigation is pending on the file of the second respondent.

4.

In view of the same, for the reason that already the investigation has been completed, the question of transferring the investigation does not arise. Therefore, the prayer sought out by the petitioner become infructuous.

5.

Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rts To

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, B3, Kanchi Taluk Police Station, Kancheepuram District,

3. The Superintendent of Police, Central Bureau of Investigation, Special CBI ACB, 3rd Floor, Sastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.

4. The Public Prosecutor Madras High Court, Chennai.

Crl.O.P.No.19298 of 2019 SR(CO) CS/19/01/2021