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2006 Supreme(Mad) 1740

ELIPE DHARMA RAO
V. R. Chelladurai – Appellant
Versus
T. Rajasekar & Others – Respondent


Appearing Advocates:For the Petitioner:AR.L. Sundaresan Senior Counsel for Rajnish Pathiyil, Advocate. For the Respondents:R1, R. Subramanian, Senior Counsel for Hemalatha R2 to 5, R. Chandrasekaran, Government Advocate.

Judgment :-

(Petition under Art.226 of the Constitution of India, praying for a Writ of Certiorari, calling for the records of the third respondent comprised in Rc.No.110940/Crime III (2) 2005 dated 14-7-2005 and quash the same.)

Aggrieved by the order dated 14-7-2005 passed by the Director General of Police, Tamil Nadu, Chennai, third respondent herein, directing the transfer of investigation in PS Cr. No.597/2004 on the file of the Bhoothapandy Police Station, the petitioner herein has filed the above writ petition.

2. Facts, in brief, which are necessary for the disposal of the writ petition are:

Petitioner claims that in the course of business transaction with the first respondent, the first respondent owes certain amount due and payable to the petitioner and with an ulterior motive of avoiding the repayment of the said amount and to defraud and cheat the petitioner, he came out a story of theft of blank cheque leaves and title deeds from the side-box of his motor-cycle and also lodged a complaint in that regard with the jurisdictional police. The first respondent also approached the jurisdictional Judicial Magistrate with a complaint seeking to forward the complaint under Sec.156













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