Bennet Christopher, v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.5491 of 2017 Bennet Christopher ... Petitioner/Defacto Complainant -Vs1.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai.

2.The Commissioner of Police, Maduri City.

3.The Inspector of Police, Subramaniapuram Police Station, Madurai City.

4.The Deputy Superintendent of Police, CBCID, Madurai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., withdraw the case in Crime No.1155 of 2016 from the file of 3rd respondent and transfer the same to the file of the 4th respondent with a direction to conduct further investigation and file charge sheet in accordance with law within the period that may be stipulated by this Court.

For Petitioner :

Mr.R.Gandhi For Respondent :

Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

The Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.1155 of 2016 from the file

of the third respondent to the file of the fourth respondent. 2.The grievance of the petitioner is that based on the complaint given by the petitioner, a crime has been registered in Crime No.1155 of 2016 for the offence under Section 174 Cr.P.C. and subsequently, it has been altered into 306 I.P.C.. Even though, the crime has been registered on 12.11.2016, there is no progress for the past three years. Hence, the petitioner has filed the present Criminal Original Petition. 3.When the matter was taken up for hearing today, the learned Government Advocate (criminal side) on instructions would submit that the investigation is already over and the final report has been filed before the Jurisdictional Magistrate and the same is pending.

4.In the above circumstances, there is no necessity to transfer the investigation. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai.

2.The Commissioner of Police, Maduri City.

3.The Inspector of Police, Subramaniapuram Police Station, Madurai City.

4.The Deputy Superintendent of Police, CBCID, Madurai.

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

ls Crl.O.P.(MD).No.5491 of 2017 04.07.2019 KM/(16.07.2019) 3P 6C