S.Indra v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Indra, W/O. Sathiyakumar , No.14 A, Natesan Nagar, Sami Street, Choolai, Chennai 600112.

... Petitioner/Defacto Complainant /versus/

1. The Commissioner of Police, O/o Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police P-6, Kondangaiyur Police Station, Chennai.

3. The Deputy Superintendent of Police O/o The Deputy Superintendent of Police, CBCID Unit, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to direct the respondent 1 to transfer of investigation in Crime No.184/2023 pending on the file of the 2nd respondent to the 3rd respondent and investigate the same and file the final report .

For Petitioner : Mr.P.Muthamizh Selva Kumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the 1st respondent to transfer of investigation in Crime No.184 of 2023, pending on the file of the 2nd respondent, to the 3rd respondent, so that 3rd respondent can investigate the same and file the final report .

2. The main allegation levelled against the 2nd respondent is that the 2nd respondent did not issue any notice under Section 41-A of Cr.P.C to the accused and no investigation has been done so far.

3. On instructions, Mr.K.M.D Muhilan, Learned Government Advocate (Crl.Side) for the respondents submitted that there are two accused in which the 1st accused was arrested and remanded to judicial custody. That apart, the investigation is almost completed and the final report is about to file. At this stage, the transfer of investigation would not serve any purpose since investigation by any other agency would affect the progress already done by the

2nd respondent.

4. In view of the above, this Criminal Original Petition is dismissed. The 2nd respondent is directed to complete the investigation and file the final report within a period of 12 weeks, from the date of receipt of copy of this order.

04.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order To,

1. The Commissioner of Police, O/o Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, P-6, Kondangaiyur Police Station, Chennai.

3. The Deputy Superintendent of Police O/o The Deputy Superintendent of Police, CBCID Unit, Chennai.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm 04.02.2025