Petitioners sought a transfer of a criminal complaint and direction to investigate. The High Court rejected the petition as non-maintainable pursuant to a Division Bench judgment, granting liberty to work out the remedy under stated guidelines.
Liberty to work out remedy as per guidelines in Crl.O.P.(MD) No.13681 of 2018; Crl.O.P. disposed of.
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: 17.06.2019
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P.No.13100 of 2016
Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to transfer the complaint in CSR.No.271 of 2015 dated 29.10.2015 to the second respondent and direct the second respondent upon receiving the complaint in CSR.No.271 of 2015 from the first respondent to register the complaint and investigate the same and file the final report before the competent Court as per the order in Crl.O.P.No.29866 of 2015 dated 17.12.2015.
For Petitioners : Mr.M.Raja
For Respondents : Mr.M.Mahamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the 1st respondent to transfer the complaint in CSR.No.271 of 2015 dated 29.10.2015 to the second respondent and direct the second respondent upon receiving the complaint in CSR.No.271 of 2015 from the first respondent to register the complaint and investigate the same and file the final report before the competent Court as per the order in Crl.O.P.No.29866 of 2015 dated 17.12.2015.
4.With the above direction, this Criminal Original Petition is disposed of.
Sd/-
Deputy Registrar(J)
//True Copy//
Sub Assistant Registrar
msrm
To
1. The Inspector of Police,
V-6, Kolathur Police Station,
Kolathur, Chennai – 99.
2. The Inspector of Police,
Central Crime Branch,
Vepery, Chennai.
3.The Public Prosecutor,
High Court of Madras,
Madras.
CRL.O.P.No.13100 of 2016
SSD(CO)
CSL/15.07.2019
2 issues framed by the court
Whether a criminal original petition seeking transfer of a complaint and direction to register and investigate is maintainable under Section 482 of the Criminal Procedure Code.
Whether the Division Bench guidelines in Crl.O.P.(MD) No.13681 of 2018 bar the filing of such petitions before the High Court.
Colour shows how this judgement treated each authority
Crl.O.P.(MD) No.13681 of 2018Referred¶14
Crl.O.P.(MD) No.13681 of 2018
Devi
Logeswari
Malar
Dhanapakkiyam
State
N.ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
