Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.2509 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.02.2025 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 2509 of 2025 Brahmamoorthy .... Petitioner Vs
1. The Commissioner of Police, Salem City, Salem
2. The Assistant Superintendent of Police, CBCID, Chennai.
3. The Inspector of Police, Shevapet Police Station, Salem City, Crime No.310/2024 .... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 1st respondent police to transfer the investigation in Crime No.310 of 2024 pending on the file of the 3rd respondent to the Additional Superintendent of Police C.B.C.I.D, Chennai. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.R.Vinothraja Government Advocate (Crl. Side) O R D E R https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2509 of 2025 This Criminal Original Petition has been filed seeking transfer of the investigation in Crime No.310 of 2024 from the file of the 3rd respondent to the file of the Additional Superintendent of Police C.B.C.I.D, Chennai.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner is an accused in Crime No.310 of 2024, registered for the offences under Sections 132 of Bharatiya Nyaya Sanhita, 2023 and 25(1) of the Arms Act, 1959. The petitioner, being an accused, cannot choose the investigating agency based on his whims and fancies. The accused has no vested right to influence the course of investigation. That apart, there are no exceptional circumstances putforth to warrant the transfer of investigation as requested by the petitioner.
4. In view of the above, the request made by the petitioner cannot be considered and is liable to be rejected. Accordingly, this Criminal Original Petition stands dismissed. 06.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2509 of 2025
1. The Commissioner of Police, Salem City, Salem.
2. The Assistant Superintendent of Police, CBCID, Chennai.
3. The Inspector of Police, Shevapet Police Station, Salem City.
4. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis
Crl.O.P.No.2509 of 2025 G.K.ILANTHIRAIYAN, J. Lpp Crl.O.P.No.2509 of 2025 06.02.2025 https://www.mhc.tn.gov.in/judis