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Madras High CourtWP(MD)/29510/2024disposed of

Suryakala v. The Director General Of Police

2024-12-09Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2024 CORAM :

THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR W.P.(MD)No.29510 of 2024 Suryakala

...Petitioner

Vs.

1. The Director General of Police Tamil Nadu, Chennai.

2. The Additional Director General of Police CBCID, No.220, Pantheon Road,Egmore Chennai- 8

3. The Commissioner of Police Madurai City Police Madurai.

4. The Inspector of Police Thirunagar Police Station Madurai City ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to withdraw the investigation in Crime No. 40 of 2024 on the file of the 4th respondent Police and transfer the same to the 2nd respondent and consequently directing the 2nd respondent to appoint an investigation officer and 1/5

conclude the investigation within the time stipulated by this Honble Court For Petitioner : Mr.Arun Ramnath for M/s.Spicy Law Firm For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The Writ Petition has been filed to withdraw the investigation in Crime No. 40 of 2024 on the file of the fourth respondent police and transfer the same to the second respondent and consequently direct the second respondent to appoint an investigation officer and conclude the investigation within the time stipulated by this Honble Court

2. The contention of the petitioner is that the petitioner has given compliant to the fourth respondent regarding creating fake aadhars and registering sale deeds using fake aadhars, the fourth respondent has not registered any First Information Report. Hence left with no other option the petitioner had approached the learned Judicial Magistrate No.VI, Madurai under Section 156(3) of Cr.P.C., and as per the direction of this 2/5

Court the First Information Report came to be registered in Crime No.40 of 2024 dated 18.01.2024 for the offences under Section 120(B), 419,420,465,468 and 471 of IPC. After registration of the case, the respondent police has not taken any action to secure the accused. Hence the present petition has been filed.

3. The learned Additional Public Prosecutor submitted that on the complaint given by the petitioner First Information Report came to be registered in Crime No.40 of 2024 dated 18.01.2024 for the offences under Section 120(B), 419,420,465,468 and 471 of IPC and so far they have examined two witnesses and he requires four months time to complete the investigation and file final report.

4. Taking into consideration the facts and circumstances of the case the investigation in Crime No. 40 of 2024 is withdrawn from the file of the fourth respondent and transferred to the file of the Assistant Commissioner of Police, Thiruparankundram Sub Division, who shall conduct the investigation and file the final report before the concerned Court within a period of four months from the date of receipt of a case 3/5

file from the fourth respondent. The fourth respondent is directed to transmit the case file to the Assistant Commissioner of Police, Thiruparankundram Sub Division forthwith.

5. With the above direction, the Writ Petition stands disposed of. No costs.

09.12.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No aav To

1. The Director General of Police Tamil Nadu, Chennai.

2. The Additional Director General of Police CBCID, No.220, Pantheon Road,Egmore Chennai- 8

3. The Commissioner of Police Madurai City Police Madurai.

4. The Inspector of Police Thirunagar Police Station Madurai City 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M. NIRMAL KUMAR, J aav W.P.(MD)No.29510 of 2024 09.12.2024 5/5