In a Criminal Original Petition under Section 482 Cr.P.C. seeking transfer of a criminal case from the local police station to a specialized CID unit for investigation, the Court held the petition infructuous as the Sessions Court had already taken cognizance of the matter.
The Criminal Original Petition stands dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:20.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.11143 of 2015
M.Bhuvaneswari ... Petitioner/
Intervener Defacto Complainant /Respondent/Complainant
vs 1.The Inspector of Police Kadaladi Police Station Tiruvannamalai District (Crime No.264 of 2014)
2.Ravi 3.Muthu 4.Seenu 5.Alagarsamy ...Respondents/Respondents/Accused PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent herein viz. the Inspector of Police. Kadaladi Police Station, Tiruvannamalai District to transfer the case in crime No.264 of 2014 on his file to the file of CB CID, Tiruvannamalai, Tiruvannamalai District or to any other competent investigating agency for proper investigation and report.
For Petitioner : Mr.L.Mahendran
For Respondents: Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor
No Appearance of R2 to R5
ORDER
The Criminal Original Petition has been filed by the petitioner to direct the respondent herein viz. the Inspector of Police. Kadaladi Police Station, Tiruvannamalai District to transfer the case in crime No.264 of 2014 on his file to the file of CB CID, Tiruvannamalai, Tiruvannamalai District or to any other competent investigating agency for proper investigation and report.
2.The learned Additional Public Prosecutor would submit that the investigation in Crime No.264 of 2014 has been taken cognizance by the Sessions Court, Tiruvannamalai in S.C.No.115 of 2018.
3.In view of the above, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition stands dismissed as infrutuous.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
To.
1.The Inspector of Police
Kadaladi Police Station
Tiruvannamalai District
(Crime No.264 of 2014)
2.The Public Prosecutor
High Court of Madras.
Crl.O.P.No.11143 of 2015
ln[co]
srg 23/04/2019
1 issue framed by the court
Whether an order transferring investigation from Police Station to Criminal Investigation Department is maintainable when the Sessions Court has already taken cognizance.
1 provisions across 1 enactments
M.Bhuvaneswari
The Inspector of Police Kadaladi Police Station
Ravi
Muthu
Seenu
Alagarsamy
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
