Dismissed¶31

N. Srinivasan v. the Sueprintendent of Police

Madras HC12 Feb 2025CRL OP/19958/2023

Case brief

AI extract

What is this about?

Transfer of investigation; Crl.O.P.No.19958 of 2023; Section 482 Cr.P.C.; Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023; Crime No.345 of 2022; E-1 Mamallapuram Police Station; Superintendent of Police Chengalpattu; CBCID Chengalpattu; refusal to transfer investigation at advanced stage; nine accused; ten witnesses examined; anticipatory bail to A1 and A2; final report within twelve weeks; charge sheet after revenue authorities' report; Madras High Court; Justice G.K. Ilanthiraiyan; decision dated 12.02.2025; petition dismissed.

What did the court decide?

No relief to the petitioner; transfer of investigation refused. Second respondent directed to complete the investigation in Crime No.345 of 2022 and file a final report within twelve weeks from the date of receipt of a copy of the order. ¶31

N. Srinivasan Vs the Sueprintendent of Police — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether the investigation in Crime No.345 of 2022 on the file of the second respondent police (E-1 Mamallapuram Police Station) should be transferred to the third respondent (CBCID, Chengalpattu District).

¶21

Court's answer

At this stage, if the entire investigation is transferred from the file of the second respondent to any other investigation agency, it would affect the entire investigation already done by the second respondent.

¶28

Ratio / Principle

The Court is not inclined to transfer the investigation in Crime No.345 of 2022 on the file of the second respondent police to the third respondent.

¶29

Key takeaways

The second respondent is directed to complete the investigation in Crime No.345 of 2022 and file a final report within twelve weeks from the date of receipt of a copy of this order.ratio¶29-30

Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.) dismissed a Criminal Original Petition under Section 482 of Cr.P.C./Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking transfer of the investigation in Crime No.345 of 2022 from the Inspector of Police, E-1 Mamallapuram Police Station, Chengalpattu District, to the Inspector of Police, CBCID, Chengalpattu District. Relying on the second respondent's status report disclosing nine accused, examination of ten witnesses, grant of anticipatory bail to A1 and A2, and an investigation almost completed pending the revenue authorities' report on the subject property, the Court held that a transfer at that stage would affect the entire investigation already done. While dismissing the petition, the Court directed the second respondent to complete the investigation and file the final report within twelve weeks from receipt of a copy of the order, after which the charge sheet is to be laid.

¶1

Crl.O.P.No.19958 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 12.02.2025

¶4

CORAM:

¶5

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

¶6

Crl.O.P.No.19958 of 2023

N.Srinivasan

... Petitioner

The Superintendent of Police, Chengalpattu, Chengalpattu District.

¶11

The Inspector of Police, E-1 Mamallapuram Police Station, Chengalpattu District.

¶12

The Inspector of Police, CBCID,

¶13

Chengalpattu District.

¶14

... Respondents

¶15

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the Investigation in Crime No.345 of 2022 on the file of the second respondent police to the third respondent.

¶16

For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

¶17

Page 1 of 4

¶18

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

¶19

Crl.O.P.No.19958 of 2023

¶20

ORDER

¶21

This Criminal Original Petition has been filed to transfer the Investigation in Crime No.345 of 2022 on the file of the second respondent police to the third respondent.

¶22

Heard the learned counsel on either side and perused the materials placed on record.

¶23

The second respondent filed a status report and on the submissions made by the learned Government Advocate (Crl.side) appearing for the respondents revealed that there are totally nine accused in Crime No.345 of 2022. After registration of FIR, the second respondent had examined 10 witnesses. Pending investigation, A1 and A2 filed anticipatory bail and they were granted anticipatory bail. Now, the investigation is almost completed and about to file a final report, after receipt of report from the revenue authorities in respect of the subject property. After receipt of the report from the revenue authorities, charge sheet will be laid.

¶24

4. In view of the above, at this stage, if the entire investigation is

¶25

Page 2 of 4

¶26

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

¶27

Crl.O.P.No.19958 of 2023

¶28

transferred from the file of the second respondent to any other investigation agency, it would affect the entire investigation already done by the second respondent.

¶29

5. Therefore, this Court is not inclined to transfer the Investigation in Crime No.345 of 2022 on the file of the second respondent police to the third respondent. However, the second respondent is directed to complete the investigation in Crime No.345 of 2022 and file a final report within a period of

¶30

twelve weeks from the date of receipt of a copy of this order.

¶31

6. A ccordingly, this Criminal Original Petition is dismissed.

¶32

12.02.2025

¶33

Internet:Yes Index:Yes/No Speaking/Non speaking order mn

¶34

Page 3 of 4

¶35

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