M.Kalaiselvan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9455 of 2016 M.Kalaiselvan .. Petitioner Vs 1.Inspector of Police, The Crime Branch C.I.D., Kancheepuram Unit (CBCID) No.42, 2nd Street, Gandhi Nagar, Opposite to Collector's Office, (I.O.B. Upstairs), Kancheepuram.

2.Inspector of Police, Mamallapuram Station, Mamallapuram, Kanchipuram District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying for direction to withdraw and transfer the FIR No.545 of 2015 dated 10.12.2014 pending on the file of Mamallapuram Police Station to the 1st respondent office for fair trial.

For Petitioner : Mr.V.Preetha For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to withdraw and transfer the case in Crime No.No.545 of 2015 dated 10.12.2014 pending on the file of Mamallapuram Police Station to the first respondent office for fair trial.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. On a reading of the FIR., it is seen that the petitioner's mother has purchased the property in question on 29.03.1983, in which one Devaraj has been assigned as witness. https://hcservices.ecourts.gov.in/hcservices/

Thereafter, Devaraj's brother appears to have sold the property on 21.08.1995 to one Neela. Thereafter, on 09.08.2010, there is a settlement in favour of this petitioner.

4. In the present complaint, it is alleged by the petitioner that the document dated 21.08.1995 is without valid title. In the case of this nature, it would suffice if the respondentpolice would investigate and there is no necessity for transferring the investigation to any other specialized agency.

5. In the result, the second respondent-police is directed to expeditiously conduct investigation in a fair and reasonable manner and take action in accordance with law.

6. With the above direction, this Criminal Original Petition is closed.

ds s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To:

1.Inspector of Police, The Crime Branch C.I.D., Kancheepuram Unit (CBCID) No.42, 2nd Street, Gandhi Nagar, Opposite to Collector's Office, (I.O.B. Upstairs), Kancheepuram.

2.Inspector of Police, Mamallapuram Station, Mamallapuram, Kanchipuram District.

3.The Public Prosecutor High Court, Chennai.

ppa(co) prk15/6 Crl.OP No.9455 of 2016 https://hcservices.ecourts.gov.in/hcservices/