Madras High CourtCRL OP(MD)/2753/2019dismissed

R.Varadarajan v. The Superintendent Of Police,

2019-02-22Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.(MD)No.2753 of 2019 R.Varadarajan S/o.Rajagopal Naidu, President, Manapparai Naidu Mahajana Sangam, Registration No.47/2010, Door No.229/B9, Karikkankulam Street, Manapparai Taluk, Trichy District.

: Petitioner/ Defacto Complainant Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.State represented by, The Inspector of Police, Anti Land Grabbing Special Wing, Trichy District.(Crime No.8 of 2014) 3.The Inspector of Police, District Crime Branch, Trichy.

: Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to direct the first respondent to order change of investigation in the matter relating to Crime No.8 of 2014 on the file of the second respondent police and entrust the same to the respondent no.3 for investigation of the case and file a charge sheet before the appropriate jurisdictional magistrate within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This petition seeks a direction to transfer the investigation of Crime No.8 of 2014 for the offences under Sections 120 B, 420, 465, 468, 471 and 506(i) IPC.

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2. The learned counsel appearing for the petitioner wants

transfer of the file on the ground that a final report has not been laid.

3. The learned Government Advocate (Crl. Side) submitted that the FIR discloses that the offences are against land grabbing and the final report can be laid only before the concerned Land Grabbing Cell. Since the Special Court constituted for Anti Land Grabbing Cases are stayed by the Supreme Court, the Investigating Agency is in a position to lay the final report before the concerned Jurisdictional Magistrate only.

4. Considering the facts and circumstances of the case, since there is nothing to blame the Investigating Agency at this stage, the prayer for transfer of investigation cannot be maintained and accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Anti Land Grabbing Special Wing, Trichy District.

3.The Inspector of Police, District Crime Branch, Trichy.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-49400[F] dated 25/02/2019 ) SM Crl.O.P.(MD)No.2753 of 2019 22.02.2019 KM/(30.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/