M.Dinesh v. The Home Secretary

ORDER This writ petition has been filed for transfer of investigation on the petitioner's complaint as against the seventh respondent, lodged before the respondents 1 to 5 herein. Page3 of 5

¶2The seventh respondent registered the FIR as against the petitioner for the offences punishable under Sections 384, 465, 467 & 506(ii) IPC. After filing final report, the same was taken on file in CC No.1639 of 2021 by the trial court. After full fledged trial, the petitioner was acquitted from the charges. After acquittal, the petitioner lodged complaint as against the seventh respondent alleging that a false case has been foisted as against the petitioner and also raised the ground of alibi before the trial court. Saying that on the date of alleged occurrence the petitioner was not in India and he was in abroad. However, the complaint is still pending and while pending complaint for enquiry, transfer of investigation does not arise as no FIR has been registered so far under the complaint lodged by the petitioner. Therefore, the transfer of investigation does not arise and such a direction cannot be considered.

¶3Accordingly, this Writ Petition Criminal stands dismissed. However, the third respondent is directed to dispose the complaint lodged by the petitioner, received if any, within a period of eight weeks from the date of receipt of a copy of this order by due enquiry. No costs. 29-06-2026 Index: Yes/No Speaking/Non-speaking order MTL Page4 of 5 To

¶1The Home Secretary Government of Tamil Nadu Secretariat Fort St George Chennai - 600 009

¶2The Director General of Police Tamil Nadu Police Headquarters Chennai 600 004

¶3The Commissioner of Police Greater Chennai Police No.132 EVK Sampath Road, Vepery Chennai 600 007

¶4The Commissioner of Police Avadi Police Commissionerate Avadi, Chennai 600 054

¶5The Superintendent of Police Central Bureau of Investigation Anti Corruption Branch Shastri Bhavan Haddows Road, Nungambakkam Chennai 600 006

¶6The Public Prosecutor, High Court, Madras. Page5 of 5

G.K.ILANTHIRAIYAN, J. MTL 29-06-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN M.Dinesh S/o.Mani Residing at No.13/9, Salai Vinayagar Koil Street, Mannady, Chennai 600 001. ..Petitioner(s) Vs 1. The Home Secretary, Government of Tamil Nadu, Secretariat Fort St George, Chennai - 600 009. 2. The Director General of Police, Tamil Nadu Police Headquarters, Chennai 600 004. 3. The Commissioner of Police, Greater Chennai Police, No.132 EVK Sampath Road, Vepery Chennai 600 007. 4. The Commissioner of Police Avadi Police Commissionerate, Avadi, Chennai 600 054. 5. The Union of India Rep By Secretary, Ministry of Home Affairs, North Block, New Delhi 110 001. 6. The Superintendent of Police Central Bureau of Investigation, Anti Corruption Branch, Shastri Bhavan, Haddows Road, Nungambakkam, Chennai 600 006 Page2 of 5 7. N.Balakrishna Prabhu, Deputy Superintendent of Police, Polagam, Mayiladuthurai Tamil Nadu 609 702 ..Respondent(s) Prayer : Writ Petition Criminal filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any o ther appropriate writ order or direction directing transfer of investigation of the petitioner's complaints against the 7th respondent to the Central Bureau of Investigation (6th respondent herein) and consequently direct the 6th respondent - CBI to register a case, conduct a fair, impartial and comprehensive investigation, and take appropriate action in accordance with law, and further direct that such investigation be carried out in a time-bound manner within such period as may be fixed by this Hon'ble Court, and also direct the respondent authorities to extend full cooperation, including production of all records, documents and materials required for effective investigation. For Petitioner(s): Mr.V.Lakshminarayanan For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu for R1 to R4 Mr.K.Srinivasan Special Public Prosecutor (CBI) for R6