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Madras High CourtCRL OP/28314/2013disposed of

Amsavani v. The Secretary To Government

2018-01-25Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2018

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.28314 & 28315 of 2013 and M.P.Nos.1, 1 & 2 of 2013 Amsavani ... Petitioner in both Crl.O.Ps

Versus

1.The Secretary to government, George Town, 2.The District Collector, Salem District.

3.The District Collector, Erode District, 4.The Inspector General of Police, Head office Inspector general of police, Chennai-600 004.

5.The Superintendent of police, Office of Superintendent of police, 6.The Superintendent of police, Office of Superintendent of police, 7.The State rep by, The Inspector of police, Hasthampatti Police Station, Hasthampatti, 8.The State rep by, The Inspector of police, 9.Thangavel 10.Muthukumar

11.Mathu 12.Karunanithi, Inspector of police, 13.A.Anathanvel, Sub Inspector of police, 14.The Joint Director of police, Central Bureau of Investigation, --Respondents in both Crl.O.Ps Prayer in Crl.O.P.No.28314 of 2013: Criminal original petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.421 of 2012 pending on the file of the 8th respondent to the file of Central Bureau of Investigation 14th respondent to investigate and file final report.

Prayer in Crl.O.P.No.28315 of 2013: Criminal original petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.62 of 2013 pending on the file of the 7th respondent to the file of Central Bureau of Investigation 14th respondent to investigate and file final report.

For Petitioner in both Crl.O.Ps. :

Mr. S. Dhanasekaran For Respondents :

Mr.P.Govindarajan (for RR1 to R8) in both Crl.O.Ps.

Additional Public Prosecutor .

:

Mr.M.Guruprasad (For RR9 & R10) :

No appearance ( RR11 ) :

Mr.K.Srinivasan (RR14) Special Public Prosecutor C O M M O N O R D E R Crl.O.P.No.28314 of 2013 has been filed seeking a direction to transfer the investigation in Crime.No.421 of 2012 on the file of the Inspector of Police, Ethapur Police Station, Ethapur, Athur, Salem District, to the file of Central Bureau of Investigation viz., the 14th respondent and also to file a final report.

2. Crl.O.P.No.28315 of 2013 has been filed seeking a direction to transfer the investigation in Crime.No. 62 of

2013 on the file of the Inspector of Police, Hasthampatti Police Station, Hasthampatti, Salem District, to the file of Central Bureau of Investigation viz., the 14th respondent and also to file a final report.

3. Heard the learned counsel for the petitioner as well as the respondents.

4. According to the learned Additional Public Prosecutor appearing for the respondents 1 to 8 and also the learned Special Public Prosecutor appearing for the 14th respondent, during the pendency of these Petitions, investigation in Crime.Nos. 421 of 2012 and 62 of 2013 has been taken over by CBCID, Salem and renumbered as Crime.No. 2 of 2017 on 26.04.2017 and investigation in the said case was completed. It is further stated that the final Report will be filed soon.

5.

Now, the petitioner seeks for change of investigation Agency to conduct the investigation, having regard to the gravity of offences. However, pending these petitions, the investigation stood transferred to CBCID and the investigation is also completed. Therefore, this Court finds no reason to entertain these petitions at this stage. However, this Court is inclined to direct the CBCID, Salem, which is investigating the case to file the final report within a period of 60 days from the date of receipt of copy of this order.

6. Accordingly, these criminal original petitions are disposed of. Consequently, connected Miscellaneous Petitions are also closed.

gmd Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The Secretary to government, George Town, 2.The District Collector, Salem District.

3.The District Collector, Erode District,

4.The Inspector General of Police, Head office Inspector general of police, Chennai-600 004.

5.The Superintendent of police, Office of Superintendent of police, 6.The Superintendent of police, Office of Superintendent of police, 7.The Inspector of police, Hasthampatti Police Station, Hasthampatti, 8.The Inspector of police,

9. Sub Inspector of police, 10.The Joint Director of police, Central Bureau of Investigation, 11.The Public Prosecutor, High Court, Madras.

12.CBCID, Salem(directed to file final report within 60 days) +1cc to Mr.V.Ragunathan, Advocate Sr.No.6744 +1cc to Mr.M.Guruprasad, Advocate SR.No.6352 PA(CO) sm:15.2.2018 Crl.O.P.Nos.28314 & 28315 of 2013