Dismissed¶31

K.Arunkumar v. The Commissioner of Police

Madras HC17 Feb 2025WP/16984/2023

Case brief

AI extract

What is this about?

Transfer of complaint before FIR registration not permissible; writ of mandamus under Article 226; complaint DCB. C.No.08/Zonal/DSP/DCB/CBE/2023 dated 21.03.2023 by M/s. Eastern Spinwell Limited against petitioner; Coimbatore City Commissioner of Police, SP (Rural) and DSP; enquiry already conducted and closed, nothing pending; W.P.No.16984 of 2023 and W.M.P.Nos.16197 & 16199 of 2023 dismissed on 17.02.2025.

What did the court decide?

A complaint cannot be transferred from one Investigating Officer to another Investigating Officer before it is registered as an FIR; therefore, the question of transferring the complaint does not arise. ¶28-30

K.Arunkumar Vs The Commissioner of Police — Writ and Judicial Review | Madras HC (2025)

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W.P.No.16984 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.16984 of 2023 and W.M.P.Nos.16197 & 16199 of 2023

K.Arunkumar

...Petitioner

-Vs-

The Commissioner of Police, Office of the Commissioner of Police Office, Coimbatore City, Huzur Road, Uppilipalayam, Coimbatore – 641 018.

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The Superintendent of Police, Office of the Superintendent of Police (Rural) Office, State Bank Road, Coimbatore – 641 018.

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The Deputy Superintendent of Police, Office of the Superintendent of Police (Rural) Office, State Bank Road, Coimbatore – 641 018.

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M/s. Eastern Spinwell Limited, Rep. by its Managing Director, Suresh Kumar Agarwal, 23, Sowripalayam Road, Coimbatore – 641 028. ... Respondents

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Page 1 of 4

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

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W.P.No.16984 of 2023

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 2 to transfer the complaint vide DCB. C.No.08/Zonal/DSP/DCB/CBE/2023 dated 21.03.2023 (served tot he petitioner on 03.06.2023) lodged by the fourth respondent against this petition from the file of the third respondent to an officer not below the rank of Superintendent of Police in other jurisdiction.

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For Petitioner : Mr.Arfat Mohammed.A For Respondents For R1 to R3 : Mr.A.Gopinath Government Advocate (Crl. Side) For R4 : Mr.R.Ravichandran

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ORDER

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This writ petition has been filed to transfer the complaint

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dated 21.03.2023 from the file of the third respondent to any other officer

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not below the rank of Superintendent of Police in other jurisdiction.

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2. On instruction the learned Government Advocate (Crl. Side)

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appearing for the respondents police submitted that on receipt of the complaint from the petitioner, the third respondent conducted detailed enquiry and closed the same. Therefore, no complaint is pending on the file of the third respondent.

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Page 2 of 4

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

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W.P.No.16984 of 2023

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It is also seen that the complaint cannot be transferred from

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one Investigating Officer to another Investigating Officer even before

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registering the same in FIR. Therefore, the transfer of complaint does not arise and the writ petition itself is devoid of merits and liable to be dismissed.

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4. Accordingly, the Writ Petition stands dismissed.

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Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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17.02.2024 Index : Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order rts

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