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Madras High CourtCRL OP(MD)/8778/2015dismissed

Muthukumar v. The Director General Of Police

2015-06-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.8778 of 2015

1. Muthukumar

2. Vadivel

3. Muniyandi ... Petitioners Vs.

1. The Director General of Police, Chennai.

2. The Inspector of Police, D1, Thallakulam Police Station(Crime), Madurai City.

(Crime No.313 of 2015).

3. The Additional Director General of Police, CBCID, 220, Pantheon Road, Egmore, Chennai-8.

..

Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to transfer the investigation in Cr.No.313 of 2015 from the file of the second respondent police to the third respondent police.

For Petitioners : Mr.T.A.Ebenezer For Respondents : Mrs.S.Prabha Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed to transfer the investigation in Cr.No.313 of 2015 from the file of the second respondent police to the third respondent police.

2. Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondents.

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3. The petitioner, who is arrayed as accused No.3 in Cr.No.313 of 2015, seeks to transfer the said case from the file of the second respondent to the third respondent. It is the case of the petitioner that he has been apprehended without any jewels, however, recovery has been shown by the second respondent.

4. A perusal of the records would show that the second respondent formed a special team which is investigating the matter and A.1 and A.2 are said to be involved in number of criminal cases. There are other accused, who are yet to be arrested.

5. The allegations made by the petitioners do not have any factual matrix. A mere allegation itself cannot be a ground to transfer of the investigation, that too at the instance of the accused person.

6. Accordingly, the Criminal Original Petition is dismissed. However, considering the facts and circumstances of the case, a direction was issued to the respondent No.1 to supervise the investigation.

Sd/- Assistant Registrar(Per.Admn) /True copy/ Sub Assistant Registrar ssl To

1. The Director General of Police, Chennai.

2. The Inspector of Police, D1, Thallakulam Police Station(Crime), Madurai City.

3. The Additional Director General of Police, CBCID, 220, Pantheon Road, Egmore, Chennai-8.

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

+1cc to MR.T.A.EBENEZER,ADVOCATE IN SR NO. 26841 Crl.O.P.(MD)No.8778 of 2015 02.06.2015 RG.10.06.2015 2P.6C.

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