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2025 DAILYLAW 112273 (MAD)

R.BASKAR v. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

WP/4871/2025 · 2025-02-17

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

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W.P.No.4871 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4871 of 2025 and W.M.P.No.5398 of 2025 R.Baskar .... Petitioner Vs 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai – 600 005. 2.The Director General of Police, No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004. 3.The Joint Director and Head of Zone (South) Central Bureau of Investigation, III Floor, E.C.K.Sampath Building, College Road, Chennai – 600 006. 4. The District Collector, District Collectorate Office, Tiruvallur – 602 001. 5. The Commissioner of Police, Avadi Police Commissionerate Office, Avadi, Chennai – 600 054. https://www.mhc.tn.gov.in/judis W.P.No.4871 of 2025 6.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Avadi, Chennai – 600 054. 7.The Inspector of Police, Central Crime Branch, CCB LD-IV, Avadi Police Commissionerate Office, Avadi, Chennai – 600 054. 8. Iyyappan 9. David 10. B.Fathima 11. B.Anifa 12. C.Venkatesan .... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing to transfer the Crime No.453/2024 dated 28.08.2024 investigation from the 7th respondent to the 3rd respondent crimes such as producing fake patta, creating a fake government seal, fake school marksheet certificate, fraudulent registered double deed documents, creating a false property tax receipt and changing the name, trespassing and damaging property, and threatening to kill. For Petitioner : Mr.R.Baskar (Party-in-person) For R1 to R2 : Mr.A.Gopinath & R5 to R7 Government Advocate (Crl.Side) For R4 : Mr.P.Balathandayutham Special Government Pleader https://www.mhc.tn.gov.in/judis W.P.No.4871 of 2025 ORDER This Writ Petition has been filed to transfer the investigation in Crime No.453 of 2024 from the file of the seventh respondent to the file of the third respondent. 2. Heard the learned counsel appearing on either side and perused the materials available on record. 3. Though the serious allegations as against the accused persons, the seventh respondent has only registered a bailable offence. That apart, they have left the main accused persons out of the case. 4. On instructions, the learned Government Advocate (Crl.Side) submitted that the investigation is under progress and is about to complete the same within a period of twelve weeks. 5. In view of the above, the seventh respondent is directed to conduct a detailed investigation. During the investigation, if any https://www.mhc.tn.gov.in/judis W.P.No.4871 of 2025 materials are available to attract other major offences as against the other accused persons, the seventh respondent is directed to complete the investigation and file a final report and include the additional offences and accused persons. The above direction shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. The sixth respondent is directed to monitor the investigation conducted by the seventh respondent and the seventh respondent is directed to comply with the order passed by this Court. 6. With the above direction, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs. 17.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai – 600 005. Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.4871 of 2025 2.The Director General of Police, No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai – 600 004. 3.The Joint Director and Head of Zone (South) Central Bureau of Investigation, III Floor, E.C.K.Sampath Building, College Road, Chennai – 600 006. 4. The District Collector, District Collectorate Office, Tiruvallur – 602 001. 5. The Commissioner of Police, Avadi Police Commissionerate Office, Avadi, Chennai – 600 054. 6.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Avadi, Chennai – 600 054. 7.The Inspector of Police, Central Crime Branch, CCB LD-IV, Avadi Police Commissionerate Office, Avadi, Chennai – 600 054. 8.The Public Prosecutor, High Court of Madras, Chennai https://www.mhc.tn.gov.in/judis W.P.No.4871 of 2025 G.K.ILANTHIRAIYAN, J. Lpp W.P.No.4871 of 2025 17.02.2025 https://www.mhc.tn.gov.in/judis