Madras High CourtCRL OP(MD)/16917/2024disposed of

K.Ayyanar v. The State Of Tamilnadu

2024-10-04Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Ayyanar : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, District Crime Branch, Collectorate Premises, Virudhunagar District.

3.The Commissioner of Police, O/o.Tambaram Police Commissionerate, Chengalpattu District.

4.The Inspector of Police, Kelampakkam Police Station, Chengalpattu District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent to transfer the investigation in FIR No.181 of 2024 on the file of the fourth respondent to the file of the second respondent and to conduct the investigation by registering the petitioner's complaint, dated 24.07.2024 as against the proposed accused and 1/4

proceed the same as per law within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the third respondent to transfer the investigation in FIR No.181 of 2024 on the file of the fourth respondent to the file of the second respondent and to conduct the investigation by registering the petitioner's complaint, dated 24.07.2024 as against the proposed accused and proceed the same as per law within a stipulated time that may be fixed by this Court.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by one Arunkumar and other victims, FIR came to be registered against the petitioner in Crime No.181 of 2024 for the offence under Sections 406 and 420 of IPC, 2/4

wherein it has been alleged that the petitioner has received the amount and that the investigation is pending on the file of the Kelambakkam Police Station.

3. According to the petitioner, he has given a complaint before the second respondent and now wanted to transfer investigation pending on the file of the fourth respondent to the second respondent.

4. Since the investigation is in initial stage, the relief now sought for by the petitioner cannot be granted. Hence, this Court is not inclined to entertain this petition.

5. Accordingly, the Criminal Original Petition is dismissed. 04.10.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, District Crime Branch, Collectorate Premises, Virudhunagar District.

3.The Commissioner of Police, O/o.Tambaram Police Commissionerate, Chengalpattu District.

4.The Inspector of Police, Kelampakkam Police Station, Chengalpattu District.

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

Order made in Dated: 04.10.2024 4/4