Madras High CourtCRL OP(MD)/3022/2022disposed of

Chinnappan v. The Director General Of Police

2022-02-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Chinnappan ... Petitioner/ Defacto Complainant Vs.

1.The Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.The Additional Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3.The Inspector General of Police, Tamil Nadu Police Department, South Zone, Madurai, Madurai District.

5.The Superintendent of Police, Sivagangai, Sivagangai District.

6.The Deputy Superintendent of Police, Ram Nagar, Devakottai, Sivagangai District.

7.The Inspector of Police, C.B.C.I.D., Sivagangai, Sivagangai District.

8.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation of the case in Crime No.507 of 2021 pending on the file of the eighth respondent police to any other independent agency or CBCID officer under the direct supervision of the fifth respondent and sixth respondent and to file the final report in the said within a reasonable time.

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For Petitioner : Mr.S.Muthu Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.507 of 2021 from the file of the eighth respondent police to any other independent agency or CBCID officer under the direct supervision of the fifth and sixth respondents.

2.The learned Additional Public Prosecutor appearing for the respondents would submit that the eighth respondent registered the FIR in Crime No.507 of 2021 on the complaint lodged by the petitioner and conducted investigation. During investigation, the eighth respondent found that the FIR itself was mistake of fact and closed the same on 20.12.2021 and file a Referred Charge-Sheet notice before the concerned Jurisdictional Magistrate. 3.However, the learned counsel appearing for the petitioner would submit that no Referred Charge-sheet notice has been received till today.

4.Considering the above, the eighth respondent is directed to serve the copy of the Referred Charge-sheet notice to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is at liberty to file a protest petition before the concerned Jurisdictional Magistrate in the manner known to law, if he is so advised. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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G.K.ILANTHIRAIYAN, J.

ps To 1.The Director General of Police, Tamil Nadu Police Department, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.