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Madras High CourtCRL OP(MD)/5589/2023dismissed

Jayaprakash v. The Deputy Superintendent Of Police

2026-06-02Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and Crl.M.P(MD) Nos.4894 and 4895 of 2023 Jayaprakash .. Petitioner Vs.

1.The Deputy Superintendent of Police CBCID.OCU-II.

Egmore, Chennai- 600 008

2. Sathiyaraj

3. Murugan (R2 and R3 suo motu impleaded as per the order of the Court dated 27.03.2023) .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C.,, to transfer the proceedings in CC No.1022/2022 pending on the file of the learned Judicial Magistrate No.I Dindigul to the learned Metropolitan Magistrate Court for exclusive trial of CCB and CBCID Metro Cases, Egmore, Chennai or any other competent Court, Chennai and try the same in accordance with law.

For Petitioner : Mr.T.Antony Arul Raj For R-1 : Mr.J.Vishnu Government Advocate 1/7

ORDER

This Criminal Original Petition has been filed to transfer the case in CC No.1022/2022 pending on the file of the learned Judicial Magistrate No.I Dindigul to the learned Metropolitan Magistrate Court for Exclusive trial of CCB and CBCID Metro Cases, Egmore, Chennai or any other competent Court, Chennai and try the same in accordance with law.

2. According to the petitioner the respondent police have registered a false case against the petitioner alleging that the petitioner forged the No Objection Certificate for obtaining license for running gas outlet. Infact the petitioner obtained NOC from the former District Revenue Office in R.Dis.43890/2017/C1. However the Dindigul Taluk Police has registered a case in Crime No.995 of 2020 for the offence under Sections 420,465 and 471 of IPC. In the meantime the CCB, Chennai also registered a case in Crime No. 1 of 2021 for similar occurrences. While so, a petition in Crl. O.P(MD) No.3468 of 2021 was filed and this Court passed order by transferring the case to CBCID police to investigate the matter. Based on the said order the case has been transferred to CBCID, Dindigul and re-assigned Crime No.1 of 2021 for the offences under Sections 420,465 and 471 of IPC on the file of the CBCID, Dindigul, 2/7

thereafter the investigation officer investigated the case and filed final report and the case was taken on file and pending trial in CC No.1022 of 2022. Further the case registered against the petitioner by CCB, Chennai were transferred to CBCID, Chennai and the cases are pending before the Metropolitan Magistrate Court, Egmore in CC Nos. 635 of 2023 and 523 of 2023 and posted for framing of charges. In all the cases the prosecution case is that the accused persons fabricated NOC certificate for getting license to run petrol and gas outlet. All the cases mentioned above are of same kind but the occurrences are in different place and in all the case investigation was conducted by the respondent and as per the direction of the Hon'ble High Court all the cases were transferred to the CBCID, Chennai and now pending before the Metropolitan Magistrate for Exclusive trial of CCB and CBCID, Egmore, Chennai.

3. According to the respondent based on the complaint lodged by the Tahsildhar, Dindigul East Taluk the case has been registered by the Dindigul Taluk Police Station in respect of obtaining NOC by forging records. Initially a case has been registered by the Dindigul Taluk Police Station in Crime No. 995 of 2020 on 13.08.2020 and thereafter as per the order of this Court in Crl.O.P(MD) No. 3468 of 2021 and as per the 3/7

memorandum of the DGP, CBCID, Chennai the case has been transferred to the CBCID, Dindigul and reassigned CBCID Crime No.01 of 2021 for the offences under Sections 420,465 and 471 of IPC and the case has been investigated and thereafter final report has been filed. The petitioner along with another accused namely K.L.Sivakumar involved in cases of similar case by creating forged NOC on various gas and petrol out let all over Tamil Nadu. After examination of witnesses and obtaining documents the final report has been filed before the learned Judicial Magistrate No.I, Dindigul and the case was taken on file in CC No.

1022 of 2022 and already 14 witnesses were examined and ten documents have been marked and at this stage the petitioner has filed this petition and already based on direction of this case the investigation has been transferred to CBCID, Dindigul. The case which was pending before the Anthiyur police has been transferred to CBCID, Chennai by an order of this Court and the same are pending now before the Metropolitan Magistrate Court, Egmore and hence the petition is liable to be dismissed.

4. Heard both sides and perused the materials available before this Court.

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5. In this case it is an admitted fact that several cases has been registered as against the petitioner and other persons. Initially the present case has been registered by the Dindigul Taluk Police Station and based on the complaint lodged by the Tahsildhar, Dindigul East the first respondent registered a case in Crime NO. 995 of 2020 for the offences under Sections 420,465 and 471 of IPC and thereafter the case has been transferred to CCB, Dindigul based on the direction of this Court and thereafter the investigation officer investigated the case and filed final report and after filing of final report 14 witnesses were examined and 10 documents were marked in this case.

Simultaneously in another cases pending before the Metropolitan Magistrate, Chennai also trial has been commenced and thereby it is not appropriate to transfer the case . As per the order of this Court investigation has been transferred to CBCID and thereafter the case has been taken on file and at the time of transferring the case from the Dindigul Taluk Police Station to CBCID Dindigul the petitioner has not raised any objection and now after examination of witnesses the petitioner has filed this petition. The said conduct of the petitioner shows that he has filed the present petition only to delay the proceedings and thereby the petition is liable to be dismissed.

6.Accordingly the Criminal Original Petition stands dismissed. Consequently connected miscellaneous petitions stand closed. 02.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To 1.The Deputy Superintendent of Police CBCID.OCU-II.

Egmore, Chennai- 600 008 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

aav 02.06.2026 7/7