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Madras High CourtCRL OP/29118/2018disposed of

P.Mani v. The Deputy Superintendent Of Police,

2018-12-13Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.29118 of 2018 P.Mani

...Petitioner

Vs.

The Deputy Superintendent of Police, District Crime Branch, Anti Land Grabbing Special Cell, Salem.

(Crime No.25 of 2013)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the learned Judicial Magistrate No.1, Sankagiri to transfer the First Information Report in Cr.No. 25 of 2013 on the file of the respondent along with the final report filed by the respondent on 18.08.2018 pursuant to the proceedings of the learned Chief Judicial Magistrate, Salem in Roc.No.4871/A/2018 dated 02.08.2018.

For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to transfer the First Information Report in Crime No.25 of 2013, on the file of the respondent.

The petitioner is the defacto complainant. Based on the complaint given by the petitioner, the respondent police registered an FIR in Crime No.25 of 2013 for the offences under Section 120(B), 467, 468, 471, 420 & 506(ii) IPC. The investigation was completed and thereafter, a final report was filed before the Judicial Magistrate No.I, Sankagiri on 18.08.2018. However, in the mean time, the Judicial Magistrate, Salem by his proceedings dated 02.08.2018 had transferred the jurisdiction relating to all criminal cases investigated by the District Crime Branch, Salem to the Judicial Magistrate Court No.VI, Salem.

In view of the above, the final report, which has now been filed before the Judicial Magistrate No.I, Sankagiri is being kept without any further action being taken. Therefore, this petition has been filed seeking for transferring the final report to the concerned Court.

https://hcservices.ecourts.gov.in/hcservices/

This Criminal Original Petition is disposed of, with a direction to the Judicial Magistrate No.I, Sankagiri to immediately transfer the entire case records including final report in Crime No.25 of 2013, to the file of the Judicial Magistrate No.6, Salem. This process shall be completed within a period of four weeks from the date of receipt of copy of this order.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mpa/rpl To

1. The Judicial Magistrate No.I, Sankagiri

2. The Judicial Magistrate No.6, Salem

3. The Deputy Superintendent of Police, District Crime Branch, Anti Land Grabbing Special Cell, Salem.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Anbu, Advocate sr.no.86178 Crl.O.P.No.29118 of 2018 pa(co) nr 09/01/2019 https://hcservices.ecourts.gov.in/hcservices/