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[Cites 3, Cited by 0]

Madras High Court

Ymca College Of Physical Education vs The Commissioner Of Police on 12 February, 2025

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                        Crl.O.P.No.16426 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 12.02.2025

                                                         CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                             Crl.O.P.No.16426 of 2023

                YMCA College of Physical Education,
                Rep.By Authorised Signatory,
                Mr.Rajjiv George                                                       ... Petitioner

                                                              Vs
                1. The Commissioner of Police,
                   O/O.The Commissioner of Police,
                   EVK Sampath Salai,
                   Vepery, Chennai - 600 007.

                2. The Deputy Commissioner of Police,
                   CCB-1,
                   Office of the Commissioner of Police,
                   EVK Sampath Salai,
                   Vepery, Chennai - 600 007.

                3. The Inspector of Police,
                   CCB-1,
                   Office of the Commissioner of Police,
                   EVK Sampath Salai,
                   Vepery, Chennai - 600 007.
                   Cr.No.144/2021.                                                     ... Respondents
                PRAYER: Criminal Original Petition is filed under Section 407 read with
                Section 482 of Cr.P.C, to transfer the investigation in Cr.No.144 of 2021
                pending on the file of third respondent to the file of the second respondent or to
                other investigation agency as the Hon'ble Court may seek fit to direct.

                Page 1 of 4


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                                                                                            Crl.O.P.No.16426 of 2023


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


                                                         ORDER

This Criminal Original Petition has been filed to transfer the investigation in Cr.No.144 of 2021 pending on the file of third respondent to the file of the second respondent or to other investigation agency.

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

3. The learned Government Advocate (Crl.side) appearing for the respondents submitted that after securing the first accused, the investigation in Crime No.144 of 2021 has been completed and filed a final report before the CCB and CBCID Court, Egmore, Chennai. Therefore, no investigation is pending on the file of the third respondent and the question of transfer of investigation does not arise.

4. If there is any grievance over the final report filed by the Investigating Officer with regard to not adding the accused and not adding the Page 2 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 02:34:49 pm ) Crl.O.P.No.16426 of 2023 offence, the petitioner can very well invoke the provisions under Sections 216 and 319 of Cr.P.C before the Trial Court during the trial.

5. Accordingly, this Criminal Original Petition is dismissed.

12.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Page 3 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 02:34:49 pm ) Crl.O.P.No.16426 of 2023 G.K.ILANTHIRAIYAN. J, mn To

1. The Commissioner of Police, O/O.The Commissioner of Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

2. The Deputy Commissioner of Police, CCB-1, Office of the Commissioner of Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

3. The Inspector of Police, CCB-1, Office of the Commissioner of Police, EVK Sampath Salai, Vepery, Chennai - 600 007.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16426 of 2023

12.02.2025 Page 4 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/05/2025 02:34:49 pm )