Advocates:
['M/S A K M SAMSU NIHAR', '', 'RAHIM ISMAIL', 'PUBLIC PROSECUTOR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06/06/2022

C O R A M

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

Criminal Original Petition No.9187 of 2022

Narendra Kumar

...Petitioner

Vs

1. The Commissioner of Police

Greater Chennai, Vepery

Chennai 600 007.

2. The Inspector of Police

H 6 R.K.Nagar Police Station

Chennai.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of

Cr.P.C. to transfer the further investigation of the case in

Crime No.159 of 2022 on the file of the second respondent Police

to any other Investigating Agency more particularly CBCID or

higher official in the rank of Deputy Commissioner.

For Petitioner ...

Mr.A.K.M.Samsu Nihar

For Respondents ...

Mr.A.Gokulakrishnan

Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed, to transfer

the further investigation of the case in Crime No.159 of 2022,

on the file of the second respondent Police to any other

Investigating Agency, more particularly CBCID or higher official

in the rank of Deputy Commissioner.

2. Heard Mr.A.K.M.Sambsu Nihar, learned counsel for the

petitioner and Mr.A.Gokulakrishnan, learned Additional Public

Prosecutor for the respondents.

3. The case of the petitioner is that the petitioner has

been falsely implicated due to the elopement with one

https://hcservices.ecourts.gov.in/hcservices/

Dhanalakshmi. The first husband of Dhanalakshmi, lodged a

complaint before H 6, R.K.Nagar Police Station, Chennai and the

same was registered on 21/1/2022 in Crime No.77 of 2022 as

“women missing”. Since the girl's family has a political

connection, the petitioner was slapped with the offence

punishable under Sections 8 (cc) r/w.21 (c) 29 (1) of NDPS Act,

1985 NDBS and the same was registered in Crime No.159 of 2022

for the alleged possession of 2 kgs of Ephedrine.

4. Learned counsel for the petitioner further submitted

that apprehending the present investigating agency is not

proceeding with the investigation in the proper prospective,

seeks transfer of investigation of the case in Crime No.159 of

2022 from the file of the second respondent Police to any other

Investigating Agency more particularly CBCID or higher official

in the rank of Deputy Commissioner.

5. Denying the allegation, the learned Additional Public

Prosecutor submitted that the instant case is entirely

different from “women missing” case and hence, there is no need

to transfer the investigation. The learned Additional Public

Prosecutor further submitted that the elopement of the defacto

complainant with A.2 is not in dispute.

6. Having regard to the above submissions and nature of the

allegation, the manner in which case has been registered,

subsequent to the “women missing” case, in order to ensure that

there is a fair investigation, which is also comes under concept

of the fair trial, this Court is of the view that to ensure the

fairness in the investigation, investigation has to be conducted

by some other Police Officer other than the respondent Police.

7. In the result, this Criminal Original Petition is

allowed. Investigation in Crime No.159 of 2022 dated 7/3/2022

is transferred from the file of the Inspector of Police, H 6

R.K.Nagar Police Station, Chennai, to the Inspector of

Police, H.3 Tondiarpet Police Station. The Inspector of Police,

H3 Tondiarpet Police Station, shall conduct investigation

properly in the manner known to law and file a final report

before the concerned Court.

Sd/-

Assistant Registrar(CS VIII)

//True Copy//

Sub Assistant Registrar

mvs.

https://hcservices.ecourts.gov.in/hcservices/

To

1. The Commissioner of Police

Greater Chennai, Vepery

Chennai 600 007.

2. The Inspector of Police

H 6 R.K.Nagar Police Station

Chennai.

3. The Inspector of Police,

H3 Tondiarpet Pol