Disposed

C.Balasubramanian, v. The District Collector

Madras HC5 Apr 2019WP/10960/2016

Case brief

AI extract

What is this about?

In this writ petition challenging closure of an enquiry, the petitioner sought direction for transfer of investigation to CBCID and upgrading the offence. The Court dismissed the petition on merits, directing the Judicial Magistrate to conduct an enquiry upon receipt of the referred charge sheet notice.

What did the court decide?

Writ petition dismissed; petitioner directed to file protest petition before Judicial Magistrate; Judicial Magistrate directed to conduct enquiry and pass orders on merits.

C.Balasubramanian, Vs The District Collector — Criminal Trial and Appeal | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.04.2019

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.10960 of 2016 and W.M.P.No.9553 of 2016

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C.Balasubramanian ... Petitioner
Vs.
1.The District Collector,
Erode District
2. The Superintendent of Police,
Erode District
3. The Deputy Superintendent of Police,
Perunthurai Range,
Erode District
4. The Dean,
Government Medical College and Hospital,
Coimbatore
5. The Inspector of Police,
Thingalur Police Station,
Erode District
6. The Joint Director,
CBCID,
No.220, Pantheon Road,
Egmore, Chennai-8 ... Respondents

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PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 6^th respondent to take over the investigation in Crime No.58 of 2016 pending on the file of the 5^th respondent herein and alter the section 174 of Cr.P.C. to 302 of I.P.C. and investigate the case by adding the provisions under SC/ST (PoA) Amendment Act 2015 within the time frame fixed by this Court.

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For Petitioner : Mr.S.Rajanikanth For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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This Writ Petition has been filed to direct the 6^th respondent to take over the investigation in Crime No.58 of 2016 pending on the file of the 5^th respondent.

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The learned Additional Public Prosecutor would submit that initially case in Crime No.58 of 2016 was registered for the offence under Section 174 Cr.P.C. and thereafter enquiry was conducted and the same was closed as mistake of fact. In this regard referred charge sheet notice was issued to the petitioner / defacto complaint and the same was filed before the learned Judicial Magistrate, Perundurai on 28.03.2019. Therefore, change of investigation cannot be considered now.

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In view of the submissions of the learned Additional Public Prosecutor, the prayer sought for by the petitioner cannot be granted now. However, the petitioner is at liberty to file protest petition before the learned Judicial Magistrate, Perunthurai immediately after receiving the referred charge sheet notice. After filing of the protest petition, the learned Judicial Magistrate, Perunthurai is directed to conduct enquiry and pass orders on merits and in accordance with law. The respondent is also directed to serve all the copies of the relevant documents along with the referred charge sheet notice to the petitioner within one week from the date of receipt of copy of this Order.

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With the above directions, this writ petition stands disposed of. Consequently, connected miscellaneous petition is closed. No costs.

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Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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1.The District Collector, Erode District

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The Superintendent of Police, Erode District

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The Deputy Superintendent of Police, Perunthurai Range, Erode District

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The Dean, Government Medical College and Hospital, Coimbatore

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https://hcservices.ecourts.gov.in/hcservices/

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The Inspector of Police, Thingalur Police Station, Erode District

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The Joint Director, CBCID, No.220, Pantheon Road, Egmore, Chennai-8

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W.P.No.10960 of 2016

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KS(CO) CS(20/05/2019)

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https://hcservices.ecourts.gov.in/hcservices/

C.Balasubramanian, v. The District Collector

Case brief

What is this about?

What did the court decide?

C.Balasubramanian, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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