Madras High Court
Dr.S.Senthilkumar vs State Rep By on 28 October, 2015
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.10.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
CRL.OP.No.19956 of 2015
DR.S.SENTHILKUMAR ... PETITIONER
Vs
1 STATE REP BY
THE SUPERINTENDENT OF POLICE NAMAKKAL
NAMAKKAL DISTRICT.
2 STATE REP BY
THE DEPUTY SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH (ANTI LAND GRABBING
SPECIAL CELL) NAMAKKAL NAMAKKAL DISTRICT.
3 STATE REP BY
THE INSPECTOR OF POLICE DISTRICT CRIME
BRANCH (ANTI LAND GRABBING SPECIAL CELL)
NAMAKKAL NAMAKKAL DISTRICT.
4 MR.N.SEKAR
5 MR.N.KRISHNAN
6 MR.K.S.SUBRAMANIAM
7 MR.P.VENUGOPAL
8 MR.K.SARAVANAN ... RESPONDENTS
Criminal Original Petition filed under Section 482 of Cr.P.C., praying to transfer the investigation in Crime No.39 of 2012 from the 3rd Respondent Police to CBCID or any other investigating agency.
For Petitioner : Mr.Muthumani Doraisami
For Respondents : Mr.C.Emalias, APP
O R D E R
This petition has been filed praying to transfer the investigation in Crime No.39 of 2012 from the file of the 3rd respondent Police to CBCID or any other investigating agency.
2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.
3. On 16.09.2015, this Court has passed the following order :
On 28.08.2015, this Court passed a detailed order transferring the investigation of the case in Crime No.39 of 2012 from the file of the District Crime Branch, Namakkal, to the file of CBCID.
2. Today, when the matter was called, the learned Additional Public Prosecutor submits that CBCID has taken over the investigation and they have collected the case diary from the District Crime Branch, Namakkal. The CBCID have also re-registered the case for administration purpose in Crime No.1/2015 on 11.09.2015.
3. The learned Additional Public Prosecutor further submits that the CBCID have also collected the impugned documents from the Superintendent of Police, Namakkal and the same is under custody.
4. Under such circumstances, the CBCID is directed to obtain the specimen signatures, thumb impression and hand-writing of the accused and the defacto-complaint, for the purpose of sending the same to the hand-writing expert for perusing and report.
Call on 14.10.2015
4. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions from the respondent police, submitted that the police filed an application under Section 311A Cr.P.C before the learned Chief Judicial Magistrate, Namakkal and on the directions of the learned Chief Judicial Magistrate, Namakkal, the de facto complainant and all the accused appeared before the Magistrate and gave their specimen signatures, handwriting and thumb impression. Thereafter, the specimens and the disputed document has been sent through the Court for expert opinion.
5. Under such circumstances, this Court is of the view of that, since CBCID investigation is in progress, no further orders need be passed in this case. It is always open to the aggrieved parties to approach the concerned Court, if they have any grievance. With the above observation, this petition is closed.
28.10.2015 gya To 1 THE SUPERINTENDENT OF POLICE NAMAKKAL NAMAKKAL DISTRICT.
2 THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH (ANTI LAND GRABBING SPECIAL CELL) NAMAKKAL NAMAKKAL DISTRICT.
3 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH (ANTI LAND GRABBING SPECIAL CELL) NAMAKKAL NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT MADRAS.
P.N.PRAKASH, J.
gya CRL.OP.No.19956 of 2015 28.10.2015