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2025 DAILYLAW 78375 (MAD)

B.VIJAYALAKSHMI v. THE COMMISSIONER OF POLICE

CRL OP/20041/2023 · 2025-02-04

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.20041 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.20041 of 2023 B.Vijayalakshmi W/o.Balamuthukumar, No.6, Ranganathan Nagar, Puthagaram, Kolathur, Chennai. ... Petitioner /versus/ 1. The Commissioner of Police Vepery, Chennai. 2. The Deputy Commissioner of Police CBCID, Egmore, Chennai. 3. The Deputy Commissioner of Police Adyar, Chennai. 4. The Inspector of Police CBCID, Egmore, Chennai. 5. The Inspector of Police (Crime) R6, Kumaran Nagar Police Station, Chennai. ... Petitioners PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to transfer the investigation in Crime No.410/2018 on the file of the 5th respondent to the file of the 4th respondent or to any other competent police authority on the basis of the petitioner's representation dated 11.4.2023 sent to the respondents by RPAD and received by them on 18.4.2023. Page 1 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20041 of 2023 For Petitioner : Mr.N.Vijay Baskar, for Mr.S.Anil Sandeep For Respondents : Mr.R.Vinothraja, Government Advocate (Crl.Side) O R D E R This petition has been filed to transfer the investigation in Crime No.410/2018 on the file of the 5th respondent to the file of the 4th respondent or to any other competent police authority on the basis of the petitioner's representation dated 11.04.2023 sent to the respondents by RPAD and received by them on 18.04.2023. 2. On the complaint lodged by the petitioner, the 5th respondent registered the F.I.R in Crime No.410 of 2018 for the offences punishable under Section 454 and 380 of the I.P.C. for the allegation that the petitioner’s jewels, to tune of 17 sovereigns and 500 grams of silver articles, were stolen by the accused. 3. The petitioner raised grounds for the transfer of the investigation, stating that though the petitioner provided CCTV footage and his https://www.mhc.tn.gov.in/judis Crl.O.P.No.20041 of 2023 neighbour had visited the petitioner's house, the 5th respondent did not even inquire with the neighbour and kept the F.I.R. pending. 4. On instructions and after perusal of the status report filed by the respondents, it is submitted that the person who appeared in the CCTV footage was already examined and his fingerprints did not match the fingerprints found at the scene of crime. Moreover, it is a case of theft and so far, the accused persons have not been identified by the 5th respondent. Therefore, transferring the investigation would not serve any purpose. 5. This Court finds no ground to transfer the investigation from the file of the 5th respondent 6. Accordingly, this Criminal Original Petition is dismissed. The 5th respondent is directed to complete the investigation and file the final report within a period of 12 weeks, from the date of receipt of a copy of this order. 04.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order To, 1. The Commissioner of Police https://www.mhc.tn.gov.in/judis Crl.O.P.No.20041 of 2023 Vepery, Chennai. 2. The Deputy Commissioner of Police CBCID, Egmore, Chennai. 3. The Deputy Commissioner of Police Adyar, Chennai. 4. The Inspector Of Police CBCID, Egmore, Chennai. 5. The Inspector Of Police (Crime) R6, Kumaran Nagar Police Station, Chennai. 6. The Public Prosecutor, High Court, Madras. Page 4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20041 of 2023 G.K.ILANTHIRAIYAN, J. bsm Crl.O.P.No.20041 of 2023 04.02.2025 https://www.mhc.tn.gov.in/judis