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Madras High CourtCRL OP/31853/2024dismissed

Alamelu v. The Commissioner Of Police,

2025-02-21Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Alamelu

2. Gopi ... Petitioners Vs.

1. The Commissioner of Police, Salem City, Sankagiri Main Road, Annadanapatti, Salem - 636 002.

2. The State Rep. by The Sub Inspector of Police, Sooramangalam Police Station, Salem.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation pending in Cr.No.856 of 2023 on the file of the second respondent to any competent police officer and to conduct the investigation in a fair and impartial manner and file a final report within a time frame fixed by this Court.

For Petitioners : Mr.S.Sathyaraj For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation pending in Cr.No.856 of 2023 on the file of the second respondent to any competent police officer and to conduct the investigation in a fair and impartial manner and file a final report within a time frame fixed by this Court.

2.

On instructions, the learned Government Advocate (Crl. Sid) appearing for the respondents police submitted that they already completed the investigation in Crime No.856 of 2023 and filed final report and the same has been taken cognizance in Spl.S.C.No.41 of 2024 on the file of the Special Court for SC/ST Act cases, Salem. Therefore, no investigation is pending on the file of the second respondent. 3.

Considering the above submission, the transfer of investigation does not arise and the Criminal Original Petition stands dismissed.

21.02.2025 (1⁄2) : Yes/No Speaking/non-speaking order rts

To

1. The Special Judge, Special Court for SC/ST Act cases, Salem.

2. The Commissioner of Police, Salem City, Sankagiri Main Road, Annadanapatti, Salem - 636 002.

3. The Sub Inspector of Police, Sooramangalam Police Station, Salem.

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 21.02.2025 (1⁄2)