G.Gurusamy v. The Director General Of Police,Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.23718 of 2018 G.Gurusamy ... Petitioner -vs1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Director General of Police, CBCID, Old Commissioner Office, Egmore, Chennai - 600 008.

3.The Deputy Commissioner of Police, Washermenpet, Chennai - 600 021.

4.The Inspector of Police, Tondiarpet Police Station, Chennai.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure to direct the respondents to transfer the Pending investigation before the 4th respondent in Crime No.756 of 2017 to some other investigation agency like CBCID or Central Crime Branch for appropriate further investigation, action and enquiry to punish the criminals and recover the valuable items that had been stolen from petitioner's.

For Petitioner : Mr.Srinivasan for Mr.M.Balaji For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the investigation in Crime No.756 of 2017, pending on the file of the 4th respondent police.

2. The learned Additional Public Prosecutor, on instructions, would submit that the investigation has been completed and a closure report is going to be filed before the 15th Metropolitan Magistrate, George Town, Chennai, on the ground of 'mistake of fact'.

3. Taking into consideration the allegations made in the complaint, this Court is not inclined to transfer the investigation at this stage. The 4th respondent is directed to file the closure report within a period of two weeks from the date of receipt of a copy of this order, after serving RCS notice to the petitioner. The petitioner immediately on receipt of RCS notice, is given liberty to file a protest petition before the concerned Court and shall workout his remedy in accordance with law.

4. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ssr/kal To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Director General of Police, CBCID, Old Commissioner Office, Egmore, Chennai - 600 008.

3.The Deputy Commissioner of Police, Washermenpet, Chennai - 600 021.

4.The Inspector of Police, Tondiarpet Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

6.XV Metropolitan Magistrate, George Town, Chennai. CRL.O.P.No.23718 of 2018 pp(co) nr 11/01/2019