Madras High CourtWP(MD)/14756/2019dismissed

S.Thiruvetti, v. The State Of Tamilnadu,

2019-08-09Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.14756 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.14756 of 2019 and W.M.P.(MD)Nos.11167 and 11168 of 2019 S.Thiruvetti ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Principal Secretary, Department of Home, Secretariat, Fort St George, Chennai.

2.The Director General of Police, Government of Tamil Nadu, O/o.The Director General of Police, Chennai.

3.The Deputy Superintendent of Police CBCID, O/o the Superintendent of Police CBCID, Madurai District, Madurai.

4.The Superintendent of Police, O/o Superintendent of Police, Madurai District, Madurai.

5.The Inspector of Police, Austinpatti Police Station, Madurai District, Madurai.

(Crime No.166 of 2019) 6.Arun 7.Padmasri Babi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the fourth respondent to withdraw the case in Crime No.166 of 2016 dated 28.06.2019 registered under Sections 8(c), 20 (b) (ii) (B) and 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 on the file of fifth respondent of the case by a competent office and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathy Roy https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.14756 of 2019 For R1 to R5 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed seeking transfer of investigation of the case in Crime No.166 of 2019 from the file of the fifth respondent and to file a final report.

2. Heard the learned counsel appearing on either side and perused the material available on record.

3. Admittedly, the petitioner is the father of the accused in Crime No.166 of 2019. Since the petitioner is not an accused in the above said crime, he cannot maintain a petition seeking for transfer of investigation. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Principal Secretary, Department of Home, Secretariat, Fort St George, Chennai.

2.The Director General of Police, Government of Tamil Nadu, O/o.The Director General of Police, Chennai.

3.The Deputy Superintendent of Police CBCID, O/o the Superintendent of Police CBCID, Madurai District, Madurai.

4.The Superintendent of Police, O/o Superintendent of Police, Madurai District, Madurai.

5.The Inspector of Police, Austinpatti Police Station, Madurai District, Madurai.

W.P.(MD)No.14756 of 2019 09.08.2019 CS(29.08.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4