Pushpalatha v. The State the Commissioner of Police

ORDER This Criminal Original Petition has been filed by the petitioner for transfer the investigation in the FIR in Crime No.31 of 2024 pending on the file of the first respondent/police to any other competent authority and file final report.

¶2The learned counsel for the petitioner submitted that earlier the petitioner had filed a petition before this Court in Crl.O.P.No.11240 of 2025 seeking direction to change the investigation to any other Senior Officer or agency, in which, the learned Government Advocate (Crl. Side) submitted that after conclusion of investigation, further action was dropped on 10.03.2025 and referred charge sheet was also served on the petitioner and thereby, this Court dismissed the said petition as infructuous by order dated 16.04.2025. Pursuant to the same, the petitioner approached the Metropolitan Magistrate Court (for Exclusive Trial of CCB and CBCID Cases) at Egmore, Chennai by way of filing a protest petition in Crl.M.P.SR.No.637 of 2025 dated 13.05.2025 under Section 175(3) and 193 of BNSS. But the same was returned by the Magistrate stating that no such final report was filed in the Court. Therefore, it clearly reveals that the investigation was neither proper nor concluded in accordance with law and therefore, it is just and necessary to direct the fist respondent to transfer the investigation to any other competent authority and to direct them to file final report.

¶3The learned Government Advocate (Crl. Side) appearing for the respondents submitted that the said final report was filed through e-filing on

15.04.2025 and the learned Magistrate without verifyingn the same, has made such an endorsement.

¶4In view of the above, the Magistrate is directed to verify as to weather the said charge sheet/final report was filed through e-filing and if it is otherwise in order, issue notice to the petitioner and take the protest petition to be filed by the petitioner on file and proceed with the same further in accordance with law.

¶5With the above directions, this Criminal Original Petition is disposed of.

16.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To

¶1The Metropolitan Magistrate Court (for Exclusive Trial of CCB and CBCID Cases) Egmore, Chennai

¶2The Commissioner of Police Office of Commissioner of Police Central Crime Branch 132, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007

¶3The Deputy Commissioner of Police Central Crime Branch, 132 EVK Sampath Road Vepery, Periyamet, Chennai - 600 007

¶4The Inspector of Police Central Crime Branch EDF-II, Team-III 132, EVK Sampath Road Vepery, Periyamet, Chennai - 600 007

¶5The Public Prosecutor High Court of Madras, Chennai P.VELMURUGAN,J. Ksa-2

16.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.07.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Pushpalatha ... Petitioner Vs. 1. The Statae The Commissioner of Police Office of Commissioner of Police Central Crime Branch 132, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007 2. The Deputy Commissioner of Police Central Crime Branch, 132 EVK Sampath Road Vepery, Periyamet, Chennai - 600 007 3. The Inspector of Police Central Crime Branch EDF-II, Team-III 132, EVK Sampath Road Vepery, Periyamet, Chennai - 600 007 ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to issue appropriate direction to transfer the investigation in the FIR in Crime No.31 of 2024 pending on the file of the first respondent/police to any other competent authority and file final report. For Petitioner : Mr.K.Chandrasekaran For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side)