Raju v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).Nos.8646 and 8647 of 2021 1.Raju 2.Bala @ Balakumar ... Petitioners Vs.

1.The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Superintendent of Police, Crime Branch Crime Investigation Department (CBCID), Office of the CBCID, Chennai.

4.The Inspector of Police, Natham Police Station, Natham, Natham Taluk, Dindigul District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to transfer the investigation in Crime No.639 of 2021 from the 4th respondent police to the 3rd respondent and to be investigated by any competent officer under 3rd respondent herein.

For Petitioners : Mr.S.Sarvagan Prabhu For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking transfer of investigation from the file of the 4th respondent to the file of some other Agency or Officer.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents would submit that the final report was presented before the learned Judicial Magistrate, Natham on 31.07.2021, but it has not been taken on file so far.

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3.Since the final report has been presented before the concerned Court, transfer of investigation at this time is not possible.

4.Let the learned counsel for the petitioners get a copy of the final report from the office of the learned Additional Public Prosecutor and the petitioners are at liberty to workout their remedy before the concerned Court through appropriate proceedings, if they are aggrieved by the contents of the final report. The learned Judicial Magistrate, Natham is directed to process the final report that has been presented by the Investigation Officer as per rules. After the process is over, compliance report must be submitted to the Registry.

5.With the aforesaid direction, this petition stands disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Director General of Police, Dr. Radhakrishnan Salai, Mylapore, Chennai.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Superintendent of Police, Crime Branch Crime Investigation Department (CBCID), Office of the CBCID, Chennai.

4.The Inspector of Police, Natham Police Station, Natham, Natham Taluk, Dindigul District.

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

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COPY TO:- 1.The Judicial Magistrate, Natham.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S. SARVAGANPRABHU, Advocate (SR-32721[F] dated 26/10/2021) Crl.O.P.(MD)No.16029 of 2021 25.10.2021 DKS(CO) GC/PM(16.11.2021) 3P 9C 3/3