Criminal Original Petition filed to transfer investigation to CBCID regarding alleged forgery was dismissed. The court held that the dispute is civil in nature, already decided by Civil Court, and a negative report was already filed, precluding transfer.
The prayer for transfer of investigation to CBCID was dismissed.
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: 02.12.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.6031 of 2017
G.R.Prakash ..Petitioner
Vs.
Egmore, Chennai 600 008.
Porur, Chennai-600 116.
3.Mohan
4.Vasumathi
5.Anandhi
6.R.Srinivasan ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, directing the 1st respondent to transfer the investigation to CBCID or any fair officer to investigate the case in Crime No.223 of 2005 dated 06.03.2005 pending on the file of 2nd respondent.
For Respondents :Mr.S.Vinoth Kumar
Govt. Advocate(Crl.side) for R1& R2 Mr.V.Parthiban for R3 to R5 Mr.S.N.A.Hussainy for R6
ORDER
This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation to CBCID or any fair officer to investigate the case in Crime No.223 of 2005
dated 06.03.2005 pending on the file of 2nd respondent.
3.The crux of the allegation of the petitioner is that despite the direction of this Court, the second respondent has not completed the investigation in time, further, the Will produced before the Trial Court is also disbelieved by the Trial Court. Therefore, the investigation is to be conducted for the forgery of the document.
Sd/-
Assistant Registrar(CS-IX)
//True Copy//
Sub Assistant Registrar
msv
To
1.The Superintendent of Police
2.The Inspector of Police, T-15, SRMC Police Station, Porur, Chennai-600 116.
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.V.Parthiban, Advocate SR.No.63073 +1cc to Mr.SNA.Hussainy, Advocate SR.No.63149
+1cc to Mr.K.A.Dhanasekaran, Advocate SR.No.63250
Crl. O.P. No.6031 of 2017
RR(CO) GN(27/12/2021)
3 issues framed by the court
Whether the investigation can be transferred to CBCID when a negative report has already been filed.
Whether a pending criminal suit arising from a civil dispute warrants transfer of investigation to a special court.
Whether the petitioner should have filed a protest petition after the service of the report.
1 provisions across 1 enactments
G.R.Prakash
State
Inspector of Police
Mohan
Vasumathi
Anandhi
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
