Jayaraman v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Jayaraman ... Petitioner Vs.

1.The Superintendent of Police, O/o, Superintendent of Police, Krishnagiri.

2.The Inspector of Police, Veppanapalli Police Station, Veppanapalli, Krishnagir District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 439 of the Code of Criminal Procedure to issue directions to the 1st respondent to transfer the investigation in FIR No.96 of 2022 dated August 16, 2022, pending on the file of the 2nd respondent, to anyother investigation agency in the interst of justice.

For Petitioners : Mr.C.Palanisamy For RR1 : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition has been filed seeking for transfer of investigation in Cr.No.96 of 2022 pending on the file of the 2nd respondent, to any other Investigating Agency.

2. When the matter came up for hearing on 19.12.2023, a Status Report was filed by the respondents. Considering the same, following order was passed by this Court:

''Status Report is filed indicating that a Special team has been constituted to trace the absconding accused and the CDR detail indicates that the accused is moving from place to place and presently traced at Karnataka. Call the matter on 18.01.2024.''

3. The learned counsel for the petitioner submitted that the accused person has also committed offences of cheating and forgery and hence he should be prosecuted for these offences also.

4. The respondents have already completed the investigation and filed Final Report before the Court below. It is left open to the Court below to apply its mind on the allegations made in the Final Report and materials filed along with the Final Report and take cognizance for all the offences that are made out against the accused person. It will suffice if this clarity is given, in view of the fact that Final Report is before the concerned Court. The Court below shall act upon the Final Report within a period of four weeks from the date of receipt of a copy of this order.

4. This Criminal Original Petition is disposed of in the above terms.

18.01.2024 sk Index : Yes / No Speaking order / Non-speaking order To

1. The Judicial Magistrar, Harur.

2.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

sk 18.01.2024