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Madras High CourtCRL OP(MD)/5908/2018closed

Mohammed Sirajudeen v. The Inspector Of Police

2018-08-20Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)Nos 5908 and 14611 of 2018 and Crl.M.P(MD) No.6524 of 2018 Mohammed Sirajudeen ... Petitioner in both Crl.O.P's Vs.

1. The State represented by The Inspector of Police City Crime Branch Trichy City, Tiruchirappalli (Crime No. 2 of 2018) ...1st respondent in both Crl.O.P's

2. The Inspector of Police Central Crime Branch-I O/o.The Commissioner of Police Chennai ..2nd respondent in Crl.O.P(MD) No. 5908 /18

3. Thothappa Naina Mohammed Sirajdheen ..2nd respondent in Crl.O.P(MD) No. 14611 /18 and 3rd respondent in 5908/18 Prayer in Crl.O.P (MD) No.5908 of 2018: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the case in Crime No. 2 of 2018 on the file of the first respondent be withdrawn and transferred to the file of the second respondent. Prayer in Crl.O.P (MD) No.14611 of 2018: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to FIR in Crime No. 2 of 2018 on the file of the CCB, Trichy and quash the same.

For Petitioner : Mr.R.Diwakaran( In Crl.O.P(MD)No.5908/18) Mr.R.Rajesh Kumar( In Crl.O.P(MD)No.14611/18) For Respondents : (In Crl.O.P(MD) No.5908 of 2018) Mrs.S.Bharathi Government Advocate for R1 and R2 Mr.C.Jeganathan for R3.

(In Crl.O.P(MD) No.14611 of 2018) Mrs.S.Bharathi Government Advocate for R1 Mr.Venkatraman Senior Counsel for R2.

ORDER

The Criminal Original Petition No.5908 of 2018 has been filed to direct the case in Crime No. 2 of 2018 on the file of the first respondent be withdrawn and transferred to the file of the second respondent

2. The Criminal Original Petition No.14611 of 2018 has been filed to call for the records relating to FIR in Crime No. 2 of 2018 on the file of the CCB, Trichy and quash the same

3. It is seen from the records that the Crime No.310 of 2017 and Crime No.397 of 2017 has been registered in Chennai by Central Crime Branch and both these cases have been transferred to the file of the CBCID, Chennai for further investigation, by virtue of the proceedings of the DGP in R.C. No.016002/HR Cell/2018, dated 11.07.2018.

4. The present Crime No.02 of 2018 also is connected with facts which are common to the above referred two crime numbers . The petitioner and the defacto complainant are accused persons in the above referred crime numbers and in Crime No.2 of 2018 as among the accused persons, in the above two crime numbers, one of them has given a complaint against the petitioner herein and the same is pending investigation on the file of the Central Crime Branch, Trichy.

5.The facts that are involved in all the three crime numbers mentioned above needs to be investigated by a common investigating agency since all the cases are connected with the other. It will not be in the interest of justice to continue with a parallel investigation being conducted by two different agencies. It is also seen from the proceedings of the Deputy General of Police dated 11.07.2018 that two of the crime numbers have already been transferred for further investigation to CBCID, Chennai. Therefore, it will be fit and appropriate to transfer this Crime No. 2 of 2018 also to the file of the CBCID, Chennai in order to enable a single agency to investigate all the above three Crime numbers. 6.Therefore, this Court deems it fit to transfer the Crime No. 2 of 2018 to the file of the CBCID, Chennai to be investigated along with the Crime Nos.310 of 2017 and 397 of 2017.

7. With the above direction, the Criminal Original Petitions are closed. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II)

To

1. The Inspector of Police City Crime Branch Trichy City, Tiruchirappalli.

2. The Inspector of Police Central Crime Branch-I O/o.The Commissioner of Police Chennai

3. The Inspector of Police CBCID, Chennai.

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

+1cc to M/S.VEERA ASSOCIATES, Advocate SR.No. 79447 Crl.O.P.(MD)Nos.5908 and 14611 of 2018 20.08.2018 aav JM/SKN RSK/SAR 2/31.08.2018/3P/6C