Madras High CourtCRL OP(MD)/3965/2024disposed of

U.Arunkumar v. The District Superintendent Of Police

2024-08-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.U.Arunkumar 2.K.Devaki 3.V.Patchaimuthu 4.R.Rajeevganthi 5.R.Suresh ... Petitioners Vs.

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

2.The Inspector of Police, District Crime Branch, Theni.

(Crime No.20 of 2023) 3.Kandeepan 4.Nirmal Jain ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to withdraw and transfer the First Information Report in Crime No.20 of 1/4

2023 dated 17.05.2023 on the file of the District Crime Branch, Theni to CBCID police.

For Petitioners : Mr.S.Saravanan For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to withdraw and transfer the First Information Report in Crime No.20 of 2023 dated 17.05.2023 on the file of the District Crime Branch, Theni to CBCID police.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the second respondent, after completing investigation, has already filed the final report and the case was taken on file in C.C.No.231 of 2024 and is pending on the file of the Judicial Magistrate, Theni.

3. The learned counsel appearing for the petitioner would submit that on the basis of the complaint lodged by the third respondent, who is 2/4

the Area Manager of the IIFL Company, FIR came to be registered in Crime No.20 of 2023 against three persons, that the petitioners are the victims and that the first accused has given confession statement implicating the involvement of the third respondent but he was not included.

4. Since charge sheet has already been filed and the case was taken on file, the petitioners are at liberty to invoke Section 358 BNSS, if so advised. Accordingly, the Criminal Original Petition stands disposed of. 06.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The District Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, District Crime Branch, Theni.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 06.08.2024 4/4