R.Balasubramaniam v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2025
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No. 18885 of 2025 and Crl.M.P.No.12708 of 2025 R.Balasubramaniam ... Petitioner Vs.
1.
The Commissioner of Police, Chennai City, Chennai - 600 008.
2.
The Inspector of Police, C2, Elephant Gate Police Station, Crime No.107 of 2025, Chennai - 600 001.
3.
The Superintendent of Police, CBCID Head Quarters, Pantheon High Road, Egmore, Chennai - 600 008.
... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to withdraw the investigation in Crime No.107 of 2025 from the file of the 2nd respondent and to transfer the same to the 3rd respondent CBCID for fair and proper investigation in Crime No.107 of 2025. 1/5
For Petitioner : Mr.N.Manoharan For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
The Criminal Original Petition is filed to withdraw the investigation in Crime No.107 of 2025 from the file of the 2nd respondentPolice and to transfer the same to the 3rd respondent - CBCID for fair and proper investigation in Crime No.107 of 2025.
2. Today, when the matter was taken up for hearing the learned Government Advocate (Crl.Side) appearing for the respondents by referring to the counter affidavit of the second respondent-Police and submitted that investigating in Crime No.107 of 2025 is over and charge sheet has been filed before the learned XIII Metropolitan Magistrate, George Town, Chennai in C.C.No.845 of 2025.
3. Considering the facts and circumstances and also taking note of the submissions made by the learned Government Advocate (Crl.Side), this Court is of the view that since the investigation in Crime No.107 of 2/5
2025 has been completed and final report has also been filed before the jurisdictional Court, there is no necessity to transfer the investigation from the file of the second respondent-Police to any other investigating agency. However, the petitioner is at liberty to work out his remedy in the manner know to law, if he is aggrieved with the final report filed by the second respondent-Police.
4. With the above observations, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 25.07.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5
To 1.
The Commissioner of Police, Chennai City, Chennai - 600 008.
2.
The Inspector of Police, C2, Elephant Gate Police Station, Crime No.107 of 2025, Chennai - 600 001.
3.
The Superintendent of Police, CBCID Head Quarters, Pantheon High Road, Egmore, Chennai - 600 008.
4.
The Public Prosecutor, High Court, Madras.
5.
The XIII Metropolitan Magistrate, George Town, Chennai.
4/5
P.VELMURUGAN, J ms 25.07.2025 5/5