The Madurai Bench of Madras High Court closed a Writ Petition seeking a change of investigation by CBI in Crime No. 414 of 2017. The court acted on the submission that the case had been transferred to CBCID, Madurai, rendering the prayer sub-joined.
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W.P.(MD).No.17057 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.02.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
W.P.(MD).No.17057 of 2017 and WMP(MD)Nos.13626 & 16362 of 2017 M.Selvi ... Petitioner -Vs-
1.The State of Tamilnadu, Represented by the Principal Secretary, Department of Home, Secretariat, Fort St George, Chennai. 2.The State of Kerala, Rep by the Principal Secretary, Department of Home Secretariat Building, Thiruvanandapuram, Kerala. 3.The Director General of Police, Government of Kerala, O/o Director General of Police, Tiruvnandapuram, Kerala. 4.The Superintendent of Police, O/o the Superintendent of Police, Dindigul District, Dindigul. 5.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI) III rd Floor, E.V.K.Sampath Building, College Road, Chennai. 6.The Inspector of Police, Silaiman Police Station, Madurai District. (Crime No.414 of 2017) ... Respondents
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W.P.(MD).No.17057 of 2017
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the change of investigation by Respondent No.5 in Crime No..414 of 2017 under Sections 174 Cr.P.C. r/w Section 176 (1A) (1) Cr.P.C on the file of the Respondent No.6 by a Competent Officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court.
ORDER
This petition has been filed for seeking a direction to direct the change of investigation by the Respondent No.5 in Crime No..414 of 2017 under Sections 174 Cr.P.C. r/w Section 176 (1A) (1) Cr.P.C on the file of the Respondent No.6 by the Competent Officer and file a final report before the Jurisdictional Magistrate.
2.The learned counsel for the second respondent would submit that the case has been transferred to CBCID, Madurai, and now, it is pending in Crime No.1 of 2018 and hence, nothing survives in this writ petition for further adjudication.
3.Recording the said submission made by the learned counsel for the second respondent, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.
// True Copy //
dss
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To
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W.P.(MD).No.17057 of 2017
1.The Principal Secretary, State of Tamilnadu, Department of Home, Secretariat, Fort St George, Chennai.
2.The Principal Secretary, State of Kerala, Department of Home Secretariat Building, Thiruvanandapuram, Kerala.
3.The Director General of Police, Government of Kerala, O/o Director General of Police, Tiruvnandapuram, Kerala.
4.The Superintendent of Police, O/o the Superintendent of Police, Dindigul District, Dindigul.
5.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI) III rd Floor, E.V.K.Sampath Building, College Road, Chennai.
6.The Inspector of Police, Silaiman Police Station, Madurai District.
+1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-5274[F] dated 16/02/2021 )
+1 CC to Mr.A.K.BASKARAPANDIAN, Advocate ( SR-5290[F] dated 16/02/2021 )
W.P.(MD).No.17057 of 2017 and WMP(MD)Nos.13626 & 16362 of 2017 15.02.2021
VB (03.03.2021) 3P 9C
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1 issue framed by the court
Whether the Writ Petition seeking change of investigation under Section 174 Cr.P.C. r/w Section 176(1A) Cr.P.C. requires further adjudication.
M. Selvi
The State of Tamilnadu
The Principal Secretary, Department of Home, State of Kerala
The Director General of Police, Government of Kerala
The Superintendent of Police, Dindigul District
The Joint Director and Head of the Zone, Central Bureau of Investigation
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
