Writ petitions sought direction for transferring murder and life insurance scam investigations to CBI. Court observed case was closed as mistake of fact and dismissed petitions.
Writ petitions dismissed. No costs.
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.
W.P.Nos.10089 & 10090 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.Nos.10089 & 10090 of 2008
and
M.P.Nos.1 & 2 of 2008
W.P.No.10089 of 2008:
K.R.Surya Kumar ... Petitioner
Vs.
W.P.Nos.10089 & 10090 of 2008
7.The Director
Central Bureau of Investigation New Delhi.
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, d irecting the first respondent herein to transfer the investigation from the hands of the 5th respondent, based upon the petitioner's compliant dated 26.02.2007, to the Central Bureau of investigation, the 7th respondent herein, to unearth the murder case and proceed in accordance with law.
W.P.No.10090 of 2008:
K.R.Surya Kumar
... Petitioner
Vs.
Page 2 of 9
W.P.Nos.10089 & 10090 of 2008
5.The Joint Commissioner of Police (Central) Egmore, Chennai – 8.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, d irecting the first respondent herein to
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W.P.Nos.10089 & 10090 of 2008
transfer the investigation from the hands of the 12th respondent, based upon the petitioner's compliant dated 15.12.2004, which was originally submitted to the 5th respondent herein, to the Central Bureau of investigation, the 8th respondent herein, to unearth the total Life Insurance Scam and consequently to file fresh charge sheet based upon the investigation.
| For Petitioner | : Mr.L.Chandra Kumar (in both WPs) |
|---|---|
| For R1 to R6 | : Mr.S.Ravichandran Additional Government Pleader (in WP.No.10089 of 2008) |
| For R1 to R7 & R12 | : Mr.S.Ravichandran Additional Government Pleader (in WP.No.10090 of 2008) |
| For R7 | : No Appearance (in WP.No.10089 of 2008) |
| For R8, R9 & R11 | : No Appearance (in WP.No.10090 of 2008) |
| For R10 | : Mr.T.K.Ram Kumar (in WP.No.10090 of 2008) |
COMMON ORDER
The relief sought for in the writ petition in W.P.No.10089 of 2008 is to direct the 1st respondent to to transfer the investigation from the hands of the 5th respondent, based upon the petitioner's compliant dated 26.02.2007, to the
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W.P.Nos.10089 & 10090 of 2008
Central Bureau of investigation (CBI), the 7th respondent, to unearth the murder case and proceed in accordance with law.
W.P.Nos.10089 & 10090 of 2008
present writ petitions.
closed as mistake of fact, at this length of time the relief as such for to transfer the investigation need not be considered by this Court.
Consequently, connected Miscellaneous Petitions are closed.
12.04.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
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W.P.Nos.10089 & 10090 of 2008
To
W.P.Nos.10089 & 10090 of 2008
12.The Inspector of Police Traffic & Investigation V-5, Thirumangalam Police Station Chennai.
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W.P.Nos.10089 & 10090 of 2008
S.M.SUBRAMANIAM, J.
Jeni
W.P.Nos.10089 & 10090 of 2008
12.04.2023
Page 9 of 9
2 issues framed by the court
Whether the writ court should direct transfer of investigation to CBI when the criminal case was already closed based on final report of mistake of fact.
Whether the age of the case affects the relief sought for transfer of investigation.
K.R.Surya Kumar
Government of Tamil Nadu
Director General of Police, Mylapore
Deputy Inspector General of Police, Vellore Range
Superintendent of Police Vellore District
Deputy Superintendent of Police Arakkonam
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
