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Prem Balaji Vs State Rep by — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Prem Balaji Vs State Rep byPrem Balaji v. State Rep by

Dismissed¶24

Prem Balaji v. State Rep by

Madras HC5 Feb 2025CRL OP/18923/2023

Case brief

AI extract

What is this about?

Madras High Court, Crl.O.P.No.18923 of 2023, decided 05.02.2025 by G.K. Ilanthiraiyan, J. Petition under Section 482 CrPC by Prem Balaji (party-in-person) seeking transfer of investigation in Crime No.232 of 2023 from J-8 Neelankarai Police Station to CBCID. Investigation already complete; final report filed and cognizance taken in C.C.No.1113 of 2024 (JM, Sholinganallur), pending trial. Held: no pending investigation, transfer does not arise; petition dismissed with liberty to approach the Trial Court. Keywords: transfer of investigation, Section 482 CrPC, CBCID, final report, cognizance, theft case, no recovery.

What did the court decide?

Since the investigation in Crime No.232 of 2023 is complete, the final report has been filed and cognizance taken in C.C.No.1113 of 2024 (pending trial), no investigation is pending on the file of the respondent and the transfer of the investigation does not arise.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the investigation in Crime No.232 of 2023 on the file of the respondent (Inspector of Police, J-8, Neelankarai Police Station) should be transferred to the CBCID wing or another competent agency.

Court's answer

Since the investigation in Crime No.232 of 2023 is complete, the final report has been filed and cognizance taken in C.C.No.1113 of 2024 (pending trial), no investigation is pending on the file of the respondent and the transfer of the investigation does not arise.

Ratio / Principle

The Criminal Original Petition is dismissed, with liberty to the petitioner to approach the Trial Court for appropriate relief.

Detailed headnote1 paragraphs

Criminal Original Petition under Section 482 of the Code of Criminal Procedure seeking transfer of the investigation in Crime No.232 of 2023 from the Inspector of Police, J-8, Neelankarai Police Station, Chennai, to the CBCID wing or other competent agency — dismissed. The respondent completed the investigation after registration of the FIR and filed a final report before the Judicial Magistrate, Sholinganallur, which was taken cognizance of in C.C.No.1113 of 2024, pending trial. As no investigation remained pending on the file of the respondent, the question of transferring the investigation did not arise. The petitioner was left at liberty to approach the Trial Court for appropriate relief.

A

Crl.O.P.No.18923 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.18923 of 2023

Prem Balaji .... Petitioner

Vs

State Represented by The Inspector of Police – Crime, J-8, Neelankarai Police Station, Chennai – 600 115. .... Respondent

Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the transfer of investigation from the respondent to the CBCID wing or other competent agency.

For Petitioner : Mr.Prem Balaji Party-in-person For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking transfer

of the investigation in Crime No.232 of 2023 from the file of the respondent to any other investigating agency.

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Crl.O.P.No.18923 of 2023

2. On instructions, the learned Government Advocate

(Crl.Side) appearing for the respondent submitted that after registration of the FIR, the respondent completed the investigation and filed a final report before the Judicial Magistrate, Sholinganallur. The same has been taken cognizance in C.C.No.1113 of 2024, which is pending for trial. Therefore, no investigation is pending on the file of the respondent and

there is no question of transferring the investigation.

3. However, the learned counsel appearing for the petitioner

submitted that it is a case of theft and no recovery has been made.

4. At this juncture, since no investigation is pending on the file

of the respondent, the transfer of the investigation does not arise. Hence, the Criminal Original Petition stands dismissed. However, the petitioner is at liberty to approach the Trial Court for appropriate relief.

05.02.2025

Lpp Index:Yes/No Internet:Yes/No

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Crl.O.P.No.18923 of 2023

To

The Inspector of Police – Crime, J-8, Neelankarai Police Station, Chennai – 600 115.

The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.18923 of 2023

G.K.ILANTHIRAIYAN,J.

Lpp

Crl.O.P.No.18923 of 2023

05.02.2025

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the investigation in Crime No.232 of 2023 on the file of the respondent (Inspector of Police, J-8, Neelankarai Police Station) should be transferred to the CBCID wing or another competent agency.¶10
The court held
Since the investigation in Crime No.232 of 2023 is complete, the final report has been filed and cognizance taken in C.C.No.1113 of 2024 (pending trial), no investigation is pending on the file of the respondent and the transfer of the investigation does not arise.ratio¶24

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Criminal Procedure482¶10

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR in Crime No.232 of 2023 was registered; on instructions the Government Advocate stated the respondent completed the investigation and filed a final report before the Judicial Magistrate, Sholinganallur.¶19
Prior proceeding
Cognizance of the final report was taken in C.C.No.1113 of 2024, which is pending for trial.¶19
Prior proceeding
Petitioner filed the present Criminal Original Petition under Section 482 CrPC seeking transfer of the investigation in Crime No.232 of 2023 from the respondent to the CBCID wing or other competent agency.¶10

Parties & counsel

AI extract

petitioner
Prem Balaji¶7
Mr.Prem Balaji
respondent
State Represented by The Inspector of Police – Crime, J-8, Neelankarai Police Station, Chennai – 600 115.¶9
Mr.R.Vinothraja

Coram

AI extract

G.K.ILANTHIRAIYANauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 5 Feb 2025 · February
Registered: 16 Aug 2023
Case no.: CRL OP/18923/2023
CNR: HCMA011396642023
Bench: G.k. Ilanthiraiyan
Disposal: DISMISSED
Case type: Crl.O.P.

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Cite this judgement

Prem Balaji v. State Rep by, CRL OP/18923/2023 (MAD), decided on 5 February 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Criminal Procedure482

View all statutes

Procedural history3

FIR in Crime No.232 of 2023 was registered; on instructions the Government Advocate stated the respondent completed the investigation and filed a final report before the Judicial Magistrate, Sholinganallur.
Cognizance of the final report was taken in C.C.No.1113 of 2024, which is pending for trial.

View full history

Bench / Coram

G.K.ILANTHIRAIYAN

Parties & counsel