Review Application (Writ) No.69 of 2023

against W.P.No.25209 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2023

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Review Application (Writ) No.69 of 2023

and W.M.P.No.14290 of 2023

against

W.P.No.25209 of 2022

1. K.Srinivasa Rao

2. K.Tarun Krishna Prasad

.. Petitioners

Vs.

1. R.Rajesh

2. The Government of Tamil Nadu

Department of Home,

Rep. by its Secretary,

St. George Fort,

Chennai – 600 009.

3. The Director General of Police,

No.1, Dr. Radhakrishnan Salai,

Mylapore, Chennai – 600 004.

4. The Director General of Police,

Crime Branch, CID,

No.24, Pantheon Road,

Egmore, Chennai – 600 008.

5. The Commissioner of Police,

132, EVK Sampath Road,

Vepery, Periyamet,

Chennai – 600 003.

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Review Application (Writ) No.69 of 2023

against W.P.No.25209 of 2022

6. The Central Bureau of Investigation (CBI)

Rep. by its Director,

Rajaji Bhavan Complex,

3^rd Avenue, Besant Nagar,

Chennai – 600 090.

.. Respondents

Prayer : The Petitions are filed under Order XLVII Rule-1 of Code of Civil

Procedure, to review the order dated 20.09.2022 made in W.P.No.25209 of

2022.

For Petitioners

: Mr.C.K.Chandrasekkar

For Respondents

For R1

: Mr.R.S.Anhamuthu

For R2 to R5

: Mr.S.Sugendran

Additional Public Prosecutor

For R6

: Mr.K.Srinivasan

Special Public Prosecutor

ORDER

This petition has been filed to review the order dated 20.09.2022

passed by this Court in W.P.No.25209 of 2022.

2. The first respondent filed Writ Petition in W.P.No.25209 of 2022

seeking directions of transfer of investigation in Crime No.4 of 2021 dated

24.06.2021 registered for the offence under Sections 147, 323, 347, 384, 420 of

IPC., on the file of the Inspector of Police, Metro Police Station, CBCID

Headquarters, Chennai as against ten accused persons, on the complaint lodged

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Review Application (Writ) No.69 of 2023

against W.P.No.25209 of 2022

by the first respondent. While pending investigation, the first respondent filed

the said Writ Petition for transfer of investigation without satisfying the

investigation done by the Inspector of Police, Metro Police Station, CBCID

Headquarters, Chennai.

3. After registration of FIR, the accused A1 to A3, A6, A9 and A10

filed quash petition before this Court to quash the FIR registered in Crime No.4

of 2021 in Crl.O.P.Nos.5224, 11196, 14225 of 2022 and Crl.O.P.Nos.15127 &

22359 of 2021. The Writ Petition filed by the first respondent/defacto

complainant was listed on 19.09.2022. Since the quash petitions were listed on

20.09.2022, this Court directed the Registry to list the Writ Petition along with

the quash petitions. Further this Court was not inclined to quash the FIR

registered in Crime No.4 of 2021 and dismissed all the quash petitions.

Simultenously, the Writ Petition was ordered and this Court transfered the

investigation in Crime No.4 of 2021 to the file of the sixth respondent herein.

4. The accused persons aggrieved by the dismissal of the quash

petitions and also transfer of investigation, filed a Special Leave Petition before

the Hon'ble Supreme Court of India on the ground that the first respondent filed

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Review Application (Writ) No.69 of 2023

against W.P.No.25209 of 2022

petition for transfer of investigation and the same was allowed without even

notice to the respondents and also without even impleading the accused as

parties. Though the Hon'ble Supreme Court of India was not inclined to

enteretain the SLP filed as against the dismissal of quash petition, orally

suggested the petitioners to approach this Court by way of Review Petition to

review the order passed in the Writ Petition. Since the accused persons viz., A1

& A2 were not parties to the Writ Petition, they file