M.Elango v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23419 of 2023 M.Elango ... Petitioner Vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Ranipet 3.The Sub Inspector of Police, Ranipet Police Station, ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to transfer the investigation pending in Crime No.225 of 2023 on the file of the Inspector of Police Ranipet Police Station, Ranipet District, the 3rd respondent herein to CBCID or any other competent agency.

For Petitioner : Mr.N.A.Nassir Hussain For R1 to R3 : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition is filed for transfer of investigation from the file of the 3rd respondent, the Sub Inspector of Police, Ranipet to CBCID, alleging utterance of obscene words, wrongful restrain and criminal intimidation, a private complaint was lodged before the District Munsif cum Judicial Magistrate Court, Ranipet by one Elango. Pursuant to that, case in FIR No.225 of 2023 dated 16.05.2023 was registered and under investigation. Alleging that earlier when the complaint given to the 2nd respondent which was not taken up and therefore, the complainant was forced to exercise the right under Section 156 (3) Cr.P.C. Though the Magistrate directed the 3rd respondent police to register the complaint and file final report on 17.04.2023, suspecting that the 2nd respondent colluded with the accused person, seeks transfer of investigation.

2. The learned Government Advocate (Crl.Side) appearing for the State on perusal of the CD file submitted that the complaint on reading indicate that money dispute between relatives. However, the allegations of wrongful restrain, abuse, criminal intimidation and any other offence if made out in the course of investigation, the charge will be altered and final report 2/4

will be filed. He has also submitted that as part of investigation, the CDR details are called from the service providers and on getting the CDR report, necessary decision will be taken regarding the final report.

3. On considering the nature of offence, documents relied upon and statement of witnesses, the 2nd respondent police is directed to complete the investigation on the complaint given by the petitioner as well as the counter complaint made against this petitioner which is subject matter of investigation in Crime No.241 of 2023 and file the final report within a period of two months.

13.10.2023 Index : Yes/No rpl To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Ranipet 3/4

Dr.

G.JAYACHANDRAN ,J.

rpl 3.The Sub Inspector of Police, Ranipet Police Station, 4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23419 of 2023 13.10.2023 4/4