G.Nallammal 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 Mrs. G.Naliammai, Wife of Mr. Gandhi (Late), No.32/19, Welcome Colony, Anna Nagar West, Chennai-600 040.

... Petitioner /versus/

1. The Commissioner of Police, Greater Chennai Police, E.V.K. Sampath Road, Vepery, Chennai-7.

2. The Deputy Commissioner of Police, Anna Nagar Police Range, K-4 Anna Nagar Police Station, Anna Nagar West, Chennai-40.

3. State Rep. by The Inspector of Police, V-5 Tirumangalam Police Station, Anna Nagar Wet Extension, Chennai-40.

4. T.R.C. Venkatesh,Coordinator M/s: - My Lord Law Associates, Flat No. B-61, 36 Carat Akshya Apartment, No. 136/ 950, Poonamallli High Road, Chennai-84. 1/4

5. Mrs.T.V.Latha, Wife of Mr.T.R.C. Venkatesh, Flat No. B-61, 36 Carat Akshya Apartment, No. 136/ 950, Poonamallli High Road, Chennai-84.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the respondents 1 to 2 to withdraw the investigation pending in C.No.7959/COP/Visitors/2024, Dated:20/11/2024 before the Inspector of Police, V-5 Thirumangalam Police Station, Chennai and to transfer the investigation to CBCID, Chennai. For Petitioner : Ms.A.Poonkodi For R1 to R3 : Mr.K.M.D.Muhilan Govt. Advocate(Crl.Side) For R4 & R4 : Mr.Vivekanandan, for Mr.R.R.Mohanraja

O R D E R

The petition has been filed for direction, directing the respondents 1 to 2 to withdraw the investigation pending in C.No.7959/COP/Visitors/2024, dated 20.11.2024 on the file of the Inspector of Police, V-5 Thirumangalam Police Station, Chennai and to transfer the investigation to CBCID, Chennai. 2/4

2. The petitioner lodged a complaint and on receipt of the same, the 3rd respondent/Inspector of Police, V-5 Tirumangalam Police Station, Anna Nagar West Extension, Chennai conducted an enquiry. During enquiry, it was found that all the allegations made against the counterparty were civil in nature since it is landlord-tenant dispute and the same was closed on 26.11.2024. Therefore, no enquiry is pending on the file of the 3rd respondent. However, no enquiry is pending before the 3rd respondent. Furthermore, the complaint cannot be transferred to any other investigating agency before F.I.R. is registered. If any case had been registered, the petitioner could have sought transfer of investigation. As the complaint was still pending, no investigation had taken place.

3. In view of the above, this Writ Petition is dismissed as devoid of merits. No costs.

13.02.2025 Index : Yes/No.

: Yes/No.

bsm 3/4

G.K.ILANTHIRAIYAN,J.

bsm To,

1. The Commissioner of Police, Greater Chennai Police, E.V.K. Sampath Road, Vepery, Chennai-7.

2. The Deputy Commissioner of Police, Anna Nagar Police Range, K-4 Anna Nagar Police Station, Anna Nagar West, Chennai-40.

3. The Inspector of Police, V-5 Tirumangalam Police Station, Anna Nagar Wet Extension, Chennai-40.

4.The Public Prosecutor, High Court of Madras, Chennai. 13.02.2025 4/4