B.Kumareson v. The Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.10.2024

CORAM:

The Hon`ble Mr.Justice P.DHANABAL and W.M.P. Nos.33874 and 33875 of 2022 B. Kumaresan S/o. M.K. Balashanmugam ...

Petitioner / Accused vs

1. The Chief Secretary to Government, Secretariat, Puducherry - 605 001.

2. The Director General of Police, No.4, Dumas Street, Puducherry.

3. The Director General of Police, No.601, Dr. Radhakrishnan Salai, Mylapore, Chennai.

4. The Superintendent of Police, CID Complex, Beach Road, Puducherry.

5. The Inspector of Police, CID Police Station, Puducherry.

6. The Inspector of Police, T25, SRMC Police Station, Porur, Chennai.

7. D. Suresh Babu, The Inspector of Police, CID Police Station, 1/5

Puducherry.

8. Subramaniyan S/o.Kuppusamy, Prop. of M/s. K.S. Mani Electricals.

9. Murugavel S/o. Arumugam, Pro. of M/s. Venus Electrical Works. ... Respondents /Complainant PRAYER: - The Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to take appropriate action against the 7th respondent for his illegalities / irregularities committed by him and consequently direct the 2nd respondent to transfer the investigation in Cr. Nos.33 and 34 of 2022 on the file of the 5th respondent to special team (to be constituted by the 2nd respondent).

For Petitioner :

Mr. Gopinath, Senior Advocate, for Mr. K. Balu.

For Respondents :

Mr. M.V. Ramachandra Murthy, Assisted by Mrs. N. Danalatchumy, [for R1, R2, R4, R5 and R7] Mrs. G.V. Kasthuri, Additional Public Prosecutor.

[for R3 and R6] No appearance [for R8] Mr. M. Magesh [for R9] 2/5

ORDER

This Writ petition has been filed by the petitioner to transfer the investigation to special team (to be constituted by the 2nd respondent).

2. This Court, through an order dated 19.10.2024 in Crl.O.P.No.28547 of 2022 and an order dated 24.09.2024 in Crl.O.P. No.28541 of 2022, quashed the FIRs in Cr. Nos.33 and 34 of 2022 on the file of the 5th respondent pending against the petitioner/accused. Therefore, no question of transfer of case would arise and hence this petition becomes 'infructuous'.

3. Accordingly, the Writ petition is dismissed as 'infructuous'. No costs. Consequently, the connected miscellaneous petitions are closed. 19.10.2024 index: Yes/No Internet: Yes/No Speaking/Non Speaking order mjs 3/5

To

1. The Chief Secretary to Government, Secretariat, Puducherry - 605 001.

2. The Director General of Police, No.4, Dumas Street, Puducherry.

3. The Director General of Police, No.601, Dr. Radhakrishnan Salai, Mylapore, Chennai.

4. The Superintendent of Police, CID Complex, Beach Road, Puducherry.

5. The Inspector of Police, CID Police Station, Puducherry.

6. The Inspector of Police, T25, SRMC Police Station, Porur, Chennai.

7. D. Suresh Babu, The Inspector of Police, CID Police Station, Puducherry.

8. The Public Prosecutor, High Court, Madras. 4/5

P.DHANABAL ,J mjs 19.10.2024 5/5