Madras High CourtCRL OP/19742/2017disposed of

M.Vijayakumar, v. The State Rep By Its,

2020-07-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl. O.P. No. 19742 of 2017 M.Vijayakumar, S/o.D.Madhavan, No.9, Raja Garden, Peravallur, Chennai - 600 082.

.. Petitioner vs.

The State represented by Inspector of Police, K-5, Peravallur Police Station, Chennai - 600 005.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying to transfer the investigation of the Petitioner in Crime No. 1392 of 2014 pending on the file of the Respondent to some other agency.

For Petitioner : Mr. P.Chandrasekar For Respondent : Mr. S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed to transfer the investigation in Crime No.1392 of 2014 pending on the file of the respondent Police to some other investigation agency.

2. Learned Additional Public Prosecutor submitted that already respondent Police had completed the investigation in Crime No.1392 of 2014 and also filed a final report before the learned V Metropolitan Magistrate, Egmore, Chennai and unfortunately, the original FIR is missing from the file of the learned Magistrate and as such the trial Court could not able to receive the charge sheet.

3. Considering the submissions made, this Court is of the opinion that transfer of investigation from the file of the respondent Police to some other agency would not serve any purpose. However, the V Metropolitan Magistrate, Egmore, Chennai, is directed to receive the final report filed by the respondent in Crime No.1392 of 2014 along with a copy of FIR and take cognizance in the said case, for further action. https://hcservices.ecourts.gov.in/hcservices/

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AD) //True Copy// Sub Assistant Registrar bkn To 1.The Inspector of Police, K-5, Peravallur Police Station, Chennai - 600 005.

2.Do thro the Chief Judicial Magistrate,Egmore,Chennai. 3.The V Metropolitan Magistrate, Egmore, Chennai 4.The Public Prosecutor, Madras High Court, Madras.

Crl. O.P. No. 19742 of 2017 A.SK(09/09/2020) https://hcservices.ecourts.gov.in/hcservices/