Syed Kadher v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Syed Kadher ... Petitioner/Defacto Complainant Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, City Crime Branch, Tirunelveli.

(Ref Cr.No.15 of 2022) 3.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

(Ref Cr.No.341 of 2022) 4.The Inspector of Police, CBCID Wing, Tirunelveli ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.15 of 2022 from the file of the second respondent to the file of the fourth respondent.

For Petitioner : Mr.P.Samuel Gunasingg For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This petition has been filed to transfer the investigation in Crime No.15 of 2022 from the file of the second respondent to the file of the fourth respondent.

2.The learned counsel for the petitioner would submit that the petitioner/defacto complainant made a complaint before the Law Enforcing Agency/second respondent police and the same was registered in in Crime No. 15 of 2022. During the course of investigation, the second respondent recovered the gold jewels. However, they related the same to the some other case. This is not acceptable one. Therefore, the petitioner filed this petition with the above said prayer.

3.The learned Additional Public Prosecutor appearing for the State would submit that during the pendency of this petition, investigation was completed and final report was filed before the learned Judicial Magistrate-I, Tenkasi and the same was taken on filed in C.C.No.1942 of 2023. 4.At this juncture, the learned counsel appearing for the petitioner would submit that this Court may issue liberty to the petitioner to work out his remedy in the manner known to law.

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5.Recording the same, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law. Index : Yes/No 19.02.2024 Internet : Yes/No NCC : Yes/No dss To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, City Crime Branch, Tirunelveli.

(Ref Cr.No.15 of 2022) 3.The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

(Ref Cr.No.341 of 2022) 4.The Inspector of Police, CBCID Wing, Tirunelveli 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI, J.

dss 19.02.2024 4/4