Madras High CourtCRL OP(MD)/13511/2019disposed of

Noor Mohameed v. The Director General Of Police

2019-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.13511 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.13511 of 2019 Noor Mohammed ... Petitioner /De-facto Complainant Vs.

1. The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

2. The Inspector of Police, Tenkasi Police Station, Tirunelveli District.

(In Crime No.684 of 2018)

3. The Inspector of Police, Economic Offences Wing - II, Tirunelveli District.

... Respondents 1 to 3/ Respondents 1to3

4. Mariyam Batcha ... 4th Respondent / Sole - Accused Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to transfer the investigation of Crime No.684 of 2018, dated 31.12.2018 pending on the file of the 2nd respondent to the file of the 3rd respondent and pass such further or other orders as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.

For Petitioner : Mr.V.Angusamy For R1 to R3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking a direction to the first respondent to transfer the investigation of Crime No.684 of 2018, dated 31.12.2018 pending on the file of the second respondent to the file of the third respondent.

2. The learned Government Advocate (Crl.side) would submit that the respondent police completed the investigation and filed a final report before the concerned Jurisdictional Magistrate. The learned Magistrate is yet to take cognizance on the charge sheet filed by the second respondent. Therefore, at this stage, if the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13511 of 2019 investigation transferred to any other agency, the entire investigation would be affected.

3. Considering the above facts, this Court is not inclined to transfer the investigation to any other agency. Hence, this Criminal Original Petition stands dismissed. However, the concerned Jurisdictional Magistrate is directed to take cognizance on the final report filed by the second respondent in Crime No.684 of 2018, within a period of four weeks from the date of receipt of a copy of this Order.

Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS ) To

1. The Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

2. The Inspector of Police, Tenkasi Police Station, Tirunelveli District.

(In Crime No.684 of 2018)

3. The Inspector of Police, Economic Offences Wing - II, Tirunelveli District.

4. The Judicial Magistrate, Tirunelveli Thro' : The Chief Judicial Magistrate, Tiruenelveli +1 CC to Mr.V.ANGUSAMY, Advocate ( SR-91619[F] dated 09/10/2019 ) Crl.O.P.(MD)No.13511 of 2019 03.10.2019 vsd MK (24.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2