Habibullah Wsar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Habibullah Wsar ... Petitioner Vs.

State represented by The Inspector of Police, CCB-II, Chennai, Crime No.42 of 2022.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the Crime No.42 of 2022 pending on the file of the respondent to some other agency.

For Petitioner : Mr.Mohammed Fayaz Ali For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to transfer the Crime No.42 of 2022 pending on the file of the respondent-Police to some other 1/4

agency.

2. Learned Additional Public Prosecutor appearing for the State, on instructions, submitted that the investigation in Crime No.42 of 2022 is almost over and statement of the list of witnesses have almost been recorded. He further submitted that as the cause of action arises out of the Bank transactions, the respondent-Police could not able to complete the investigation. However, the respondent-Police is ready to file the charge-sheet within a period of one month.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

4. On a perusal of the records and the submissions made by the learned Additional Public Prosecutor, this Court does not find any reason to transfer the investigation in Crime No.42 of 2022 from the file of the respondent-Police herein to some other agency, as the respondent-Police had already taken efforts to file the charge-sheet. 2/4

5. In view of the above this Criminal Original Petition is dismissed. However, the respondent-Police is directed to expedite the investigation and file charge-sheet as expeditiously as possible. The petitioner is also at liberty to file a private complaint, if he is not satisfied with the investigation of the present respondent-Police. 04.12.2024 Index : Yes/No Speaking Order : Yes/No ms To

1. The Inspector of Police, CCB-II, Chennai.

2. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 04.12.2024 4/4