The High Court dismissed the Criminal Original Petition seeking withdrawal and transfer of investigation, holding that remedy lies under the 2013 Criminal Procedure Code for Bailed Offenders if a closure report is filed.
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 : 12.06.2019
CORAM :
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Crl.O.P.No.8791 of 2019
A.Rajasekaran .. Petitioner
Vs.
1.The Commissioner of Police,
Chennai City, Chennai.
2.The Inspector of Police,
Chennai Crime Branch Police,
Egmore, Chennai-600 008.
3.The Inspector of Police,
CBCID Chennai Unit, Chennai. .. Respondents
Criminal Original Petition filed under Section 482 of Cr.P.C. to withdraw the case in Crime No.507 of 2007 on the file of the second respondent and transfer the investigation to the file of the third respondent.
For Petitioner : Mr.M.Santhanaraman
For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
This petition has been filed to withdraw the case in Crime No.507 of 2007 on the file of the second respondent and transfer the investigation to the file of the third respondent.
2.The learned counsel for the petitioner submitted that in view of the closure report filed by the respondent police before the Court below, the petitioner should be given liberty to workout his remedy in accordance with https://hcservices.ecourts.gov.in/hcservices/ law.
3.The relief as sought for by the petitioner in this petition cannot be granted. In view of the fact that the closure report has already been filed before the learned Judicial Magistrate Court, Alandur. It is left open to the petitioner to workout his remedy in accordance with law.
4.In the result, this Criminal Original Petition is disposed of accordingly.
Sd/-
Deputy Registrar(Cj conf)
//True Copy//
Sub Assistant Registrar
vs
To
1.The Commissioner of Police,
Chennai City, Chennai.
2.The Inspector of Police,
Chennai Crime Branch Police,
Egmore, Chennai-600 008.
3.The Inspector of Police,
CBCID Chennai Unit, Chennai.
4.The Public Prosecutor,
High Court, Madras.
+1cc to Mr.M.Santhanaraman , Advocate SR.No. 47674
Crl.O.P.No.8791 of 2019
A.SK(26/06/2019)
1 issue framed by the court
Whether the Criminal Original Petition for withdrawal of case and transfer of investigation could be granted.
1 provisions across 1 enactments
A. Rajasekaran
The Commissioner of Police, Chennai City
The Inspector of Police, Chennai Crime Branch Police
The Inspector of Police, CBCID Chennai Unit
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
