A.Jayachandran v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27201 of 2024 A.Jayachandran ... Petitioner Vs.

1.The Commissioner of Police, Avadi Commissionerate, Type V, Qtr No.5/1, Avadi, Chennai 600 054.

2.The Inspector of Police, City Crime Branch, LD-2, Avadi Commissionerate, Avadi Chennai.

(Crime No.80 of 2024).

3.The Superintendent of Police, Crime Branch CID, No.220, Old Commissioner of Police Complex, Pantheon Road, Komaleeswaranpet, Egmore, Chennai 600 008. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the first respondent to transfer the investigation of the case in Crime No.80 of 2024 pending

on the file of the second respondent to the third respondent CBCID or any other fair agency to conduct further investigation in accordance with law.

For Petitioner : Mr.L.Infant Dinesh For Respondents : Mr.S.Vinoth Kumar, Government Advocate (crl.side)

O R D E R

This petition has been filed seeking a direction to the first respondent to transfer of investigation in Crime No. 80 of 2024 on the file of the second respondent to the third respondent.

2. The learned counsel for the petitioner submitted that though there are specific allegations against one Rajappa, stating that an amount of Rs. 1.5 Crores was transferred in favour of Rajappa from other accused persons, the second respondent has not even enquired into the role of the said Rajappa. Hence, he seeks transfer of investigation.

3. The learned Government Advocate (criminal side) submitted that there are a total of 14 accused, of which 10 have been secured and

out of those 10 accused, 3 have been detained under the Goondas Act. Additionally, a sum of Rs. 48 Lakhs has been recovered from A4 and A6.

4. Heard both sides and perused the materials placed on record. 5.Considering the facts and circumstances of the case, at this stage, transferring the investigation to any other agency would affect the ongoing investigation. Therefore, the transfer of investigation would not serve any useful purpose. Accordingly, this Criminal Original Petition stands dismissed. However, the second respondent is directed to consider the representation made by the petitioner while proceeding with the investigation and to file the final report within a period of twelve weeks from the date of receipt of a copy of this order. 13.02.2025 : Yes/No Speaking/non-speaking order shk G.K.ILANTHIRAIYAN, J.

shk To 1.The Commissioner of Police, Avadi Commissionerate, Type V, Qtr No.5/1, Avadi, Chennai 600 054.

2.The Inspector of Police, City Crime Branch, LD-2, Avadi Commissionerate, Avadi Chennai.

(Crime No.80 of 2024).

Crl.O.P.No.27201 of 2024 3.The Superintendent of Police, Crime Branch CID, No.220, Old Commissioner of Police Complex, Pantheon Road, Komaleeswaranpet, Egmore, Chennai 600 008.

4. The Public Prosecutor, High Court, Madras.

13.02.2025