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Power to transfer case
February 28 , 2024
270 days
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- The Director General of Police (DGP) is not empowered to transfer the investigation of a case from one agency to another after the first agency had completed the investigation and filed a final report before the court concerned.
- This was held by Madras High Court while dealing with a case booked under Section 354C (voyeurism) of the Indian Penal Code.
- The police had registered a First Information Report under Section 354C of IPC, Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act and Section 66E of the Information Technology Act in 2019.
- After completion of investigation, the police filed a charge sheet and it was taken cognisance by a judicial magistrate.
- But, the then DGP transferred the case from the city police to the Crime Branch-Criminal Investigation Department (CB-CID).
- The court also pointed out that the law does not permit either the Magistrate or the DGP to order a de novo investigation in any case.
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