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2025 DAILYLAW 20951 (MAD)

SRINIVASAN v. THE COMMISSIONER OF POLICE

CRL OP/3148/2024 · 2025-02-04

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.3148 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3148 of 2024 Srinivasan ... Petitioner Vs 1. The Commissioner of Police, O/o. Commissioner of Police, Chennai. 2. The Inspector of Police, Kumaran Nagar Police Station, Chennai District. 3. The Deputy Superintendent of Police, CBCID Unit, Chennai. 4. Elangovan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, directing the respondent 1 to transfer the investigation in Cr.No.352 of 2023 pending on the file of the second respondent to the third respondent and investigate the same and file the final report. For Petitioner : Mr.P.Muthamizhselvakumar For R1 to R3 : Mr.K.M.D.Muhilan Government Advocate (Crl.side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.3148 of 2024 ORDER This Criminal Original Petition has been filed directing the first respondent to transfer the investigation in Crime No.352 of 2023 pending on the file of the second respondent to the third respondent and investigate the same and file the final report. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondents 1 to 3 and perused the materials placed on record. 3. On instructions, the learned Government Advocate (Crl.side) appearing for the respondent Police would submit that the entire investigation in Crime No.352 of 2023 has been completed and the final report is about to be filed. However, it is pending only on the ground that they are awaiting a report from the Tamil Nadu Medical Council. Immediately, after receipt of the same, the charge sheet will be filed. 4. Considering the above, at this stage, if the entire investigation is https://www.mhc.tn.gov.in/judis Crl.O.P.No.3148 of 2024 transferred to any other investigation agency, it would affect the entire investigation done by the second respondent. 5. Therefore, this Court is not inclined to transfer the investigation in Crime No.352 of 2023 to the third respondent. However, the second respondent is directed to complete the investigation in Crime No.352 of 2023 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order. 6. Accordingly, this Criminal Original Petition is dismissed. 04.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn https://www.mhc.tn.gov.in/judis Crl.O.P.No.3148 of 2024 G.K.ILANTHIRAIYAN. J, mn To 1. The Commissioner of Police, O/o. Commissioner of Police, Chennai. 2. The Inspector of Police, Kumaran Nagar Police Station, Chennai District. 3. The Deputy Superintendent of Police, CBCID Unit, Chennai. 4. The Public Prosecutor, High Court, Madras. Crl.O.P.No.3148 of 2024 04.02.2025 https://www.mhc.tn.gov.in/judis