Matthan @ Duraisamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.311, 313, 315, 317 and 320 of 2019 1.Matthan @ Duraisamy 2.Madhalai Muthu 3.Mary Stella

...Petitioners in all Crl.O.Ps

Vs.

State Rep by 1.The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.

3.The Inspector of Police, Karimangalam Police Station, Dharmapuri.

4.The Inspector, C.B.C.I.D., Dharmapuri, Dharmapuri District.

...Respondents in all CrlOPs.

PRAYER in Crl.O.P.No.311 of 2019: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct and transfer the complaint dated 09.07.2018 by the 2nd petitioner to 1st respondent pending before the 3rd respondent to the 4th respondent or some other Investigating Officer other than the 3rd respondent for investigate under the supervision of the 1st and 2nd respondents in accordance with law.

PRAYER in Crl.O.P.No.313 of 2019: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct and transfer the complaint dated 06.02.2018 by the 1st petitioner pending before the 3rd respondent to the 4th respondent or some other Investigating Officer other than the 3rd respondent for investigate under the supervision of the 1st and 2nd respondents in accordance with law.

PRAYER in Crl.O.P.No.315 of 2019: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct and transfer the complaint dated 18.02.2018 by the 2nd petitioner to 1st respondent pending before the 3rd respondent to the 4th respondent or some other Investigating Officer other than the 3rd respondents for investigate under the supervision of the 1st and 2nd respondents in accordance with law.

PRAYER in Crl.O.P.No.317 of 2019: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct and transfer the complaint dated 22.04.2018 by the 3rd petitioner pending before the 3rd respondent to the 4th respondent or some other Investigating Officer other than the 3rd respondents for investigate under the supervision of the 1st and 2nd respondents in accordance with law.

PRAYER in Crl.O.P.No.320 of 2019: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct and transfer the complaint dated 06.06.2018 by the 3rd petitioner pending before the 3rd respondent to the 4th respondent or some other Investigating Officer other than the 3rd respondent for investigate under the supervision of the 1st and 2nd respondents in accordance with law.

For Petitioner in all Crl.O.Ps :Mr.S.B.Suresh Kumar For Respondents in all Crl.O.Ps :Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The relief as sought for by this petitioners cannot be granted by this Court, since admitedly, the cases are still at the stage of compliant.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.

3.In view of the judgment of the Hon'ble Division Bench of this Court in Crl.O.P.(MD) No.13681 of 2018 and batch of cases, dated 20.09.2018, the petition of this nature is not maintainable before this Court. Liberty is granted to the petitioners to work out their remedy in accordance with the guidelines given by the Hon'ble Division Bench in the decision referred supra.

4.With the above direction, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar ub/ssr To 1.The Superintendent of Police, Dharmapuri, Dharmapuri District.

2.The Deputy Superintendent of Police, Dharmapuri, Dharmapuri District.

3.The Inspector of Police, Karimangalam Police Station, Dharmapuri.

4.The Inspector, C.B.C.I.D., Dharmapuri, Dharmapuri District.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.Nos.311, 313, 315, 317 and 320 of 2019 CP(CO) GMY(29/01/2019)