Madras High CourtCRL OP(MD)/16069/2019dismissed

P. Chandra Sekar v. The Commissioner Of Police

2019-11-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.16069 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.16069 of 2019 P.Chandra Sekar ... Petitioner Vs 1.The Commissioner of Police, Tirunelveli City.

2.The Assistant Commissioner of Police, Intelligence Wing, Tirunelveli City.

3.The Inspector of Police, Anti-Land Grabbing Special Cell, Tirunelveli City.

... Respondents PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to transfer the enquiry being taken place pursuant to the petitioner's complaint dated 30.08.2019 from the file of the 3rd respondent to the 2nd respondent so as to proceed further. For Petitioner : Mr.R.Anand For Respondents : Mr.R.Anandharaj

O R D E R

This Criminal Original Petition has been filed to transfer the enquiry being taken place pursuant to the petitioner's complaint dated 30.08.2019 from the file of the 3rd respondent to the 2nd respondent so as to proceed further.

2.The learned Additional Public Prosecutor submitted that on the complaint lodged by the petitioner, the 3rd respondent conducted enquiry with the counterpart and since, it reveals that there are civil suits pending between them, after conducting the enquiry, the said complaint was closed 15.09.2019. Therefore, the transfer of enquiry does not arise. That apart, enquiry cannot be transferred before registering the first information report. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.16069 of 2019 3.In view of the said submission, this petition is dismissed as devoid of merits. However, the petitioner is at liberty to approach the appropriate Court for appropriate relief on the closure report of the 3rd respondent.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Tirunelveli City.

2.The Assistant Commissioner of Police, Intelligence Wing, Tirunelveli City.

3.The Inspector of Police, Anti-Land Grabbing Special Cell, Tirunelveli City.

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

+1 CC to M/s.R.ANAND, Advocate ( SR-98792[F] dated 15/11/2019 ) Order made in CRL.O.P (MD) No.15292 of 2019 15.11.2019 Arul SDS (13.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2