Madras High CourtCRL OP(MD)/16237/2024disposed of

R.Radhakrishnan v. The State Of Tamil Nadu

2024-10-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Radhakrishnan ... Petitioner Vs.

1.The State of Tamilnadu rep. by The Superintendent of Police, Office of District Superintendent of Police, 2.The State of Tamilnadu rep. by The Superintendent of Police, CBCID, No.220, Pantheon Road, Egmore, Chennai.

3.The State of Tamilnadu rep. by The Inspector of Police, Kaariyur Police Station, 4.The State of Tamilnadu rep. by The Inspector of Police, CBCID, Pudukottai Branch, No.A6, Anna Nagar, NGO Colony, Diamond Nagar, Pudukottai, ... Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation in Crime No. 206 of 2022 dated 27.11.2022 on the file of Kaaraiyur Police Station, Pudukkottai District to CBCID or to any other competent authority. For Petitioner : M/s.S.Mahalakshmi For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed seeking orders to direct the first respondent to transfer the investigation in Crime No.206 of 2022 dated 27.11.2022 on the file of Kaaraiyur Police Station, Pudukkottai District to CBCID or to any other competent authority.

2. In pursuance of the direction of this Court, M/s.Dr.M.Gayathri, Assistant Commissioner of Police, CCB, Chennai-8 (the then Deputy Superintendent of Police, Illupur Sub Division) is present before this Court.

3. The learned Government Advocate (Criminal Side) appearing for the respondents, on instructions, would submit that earlier the 2/4

petitioner has refused to receive RCS notice and subsequently received the RCS notice but the same was disputed by the learned counsel appearing for the petitioner. He would further submit that they have filed the final report before the jurisdictional Court on 01.10.2024 and the case was taken on file and notice was ordered to be issued to the petitioner/ defacto complainant and also produced the copy of the final report.

4. Considering the above, the third respondent is directed to serve RCS notice to the petitioner/defacto complainant and since the learned Magistrate has already taken the final report on file, the petitioner is at liberty to file a protest petition, if so advised.

5. With the above direction, this Criminal Original Petition stands disposed of.

03.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Office of District Superintendent of Police, 3/4

K.MURALI SHANKAR,J.

csm 2.The Inspector of Police, Kaariyur Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 03.10.2024 4/4