Madras High CourtCRL OP(MD)/5862/2016disposed of

D. Perumal v. The Superintendent Of Police

2017-02-21Honourable Mr Justice B. Gokuldas3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE B.GOKULDAS Crl.O.P.(MD).Nos.5862 and 5863 of 2016 D.Perumal .. Petitioner in Crl.O.P.(MD).No.5862/2016 S.Lakshmi .. Petitioner in Crl.O.P.(MD).No.5863/2016 Vs.

1.The Superintend of Police, 2.The Deputy Superintendent of Police, 3.The Inspector of Police, 4.The Sub Inspector of Police, 5.The Joint Director, Chennai.

.. Respondents in Crl.O.P.(MD).No.5862/2016 Prayer:- Criminal Original Petition is filed under Section 482 of Cr.P.C. to transfer the investigation from the 4th respondent to 5th respondent in Crime No.253 of 2014 registered u/s 420 of I.P.C. On 10.12.2014 on the file of the 4th respondent. For Petitioners :Mr.B.Chandran For Respondents :Mrs.S.Prabha for R1 to R4 Government Advocate (Crl. Side) Mr.S.Jayakumar for R5 Special Public Prosecutor for CBI Cases

1.The Superintendent of Police, 2.The Inspector of Police, 3.The Sub Inspector of Police, 4.The Joint Director, Chennai. .. Respondents in Crl.O.P.(MD).No.5863/2016 Prayer:- Criminal Original Petition is filed under Section 482 of Cr.P.C. to transfer the investigation from the 3rd respondent to 4th respondent in Crime No.178 of 2012 registered u/s.454, 380 of I.P.C. on 05.10.2012 on the file of the 3rd respondent. For Petitioners :Mr.B.Chandran For Respondents :Mrs.S.Prabha for R1 to R3 Government Advocate (Crl. Side) Mr.S.Jayakumar for R4 Special Public Prosecutor for CBI Cases COMMON ORDER The Criminal Original Petitions are filed to transfer the investigation in Crime Nos.253 of 2014 and 178 of 2012, on the file of 4th and 3rd respondent respectively, to the file of the Joint Director, Central Bureau of Investigation, Chennai.

2. The learned Government Advocate represented that the case in Crime No.178 of 2012 has been charge sheeted and taken cognizance as C.C.No.72 of 2016 on the file of jurisdictional Magistrate Court and the case in Crime No.253 of 2014 has been charge sheeted and taken cognizance as C.C.No.148 of 2016 on the file of learned Judicial Magistrate, Thirumangalam. Hence, there is no need for adjudication in these petitions, which have been filed for transfer of investigation.

3. Since the investigation have already been completed and on filing charge sheet, cognizance also take on file by the jurisdictional Magistrate Court, nothing survives in these petitions for adjudication. Accordingly, the criminal original petitions are disposed of by recording the submissions of the

learned Government Advocate. The petitioners are at liberty to file any private complaint, if they are prejudiced. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar jikr To 1.The Superintend of Police, 2.The Deputy Superintendent of Police, 3.The Inspector of Police, 4.The Sub Inspector of Police, 5.The Joint Director, Chennai.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

7. THE SPECIAL PUBLIC PROSECUTOR, FOR CBI CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2cc to Mr.B.Chandran, Advocate Sr.No. 9392 JAM/01.03.17 /MR/ 3p-10c Crl.O.P.(MD).Nos.5862 and 5863 of 2016 DATED: 21.02.2017