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Madras High CourtCRL OP/3229/2018ordered

R.Vijay, Aged 30 Years, v. The Superintendent Of Police,

2018-02-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.OP No.3229 of 2018 R.Vijay ..Petitioner Vs 1.The Superintendent of Police, Salem District.

2. The Deputy Superintendent of Police, Vazhapadi Sub Division, Salem District.

3. The Inspector of Police, Thalaivasal Police Station, Salem District.

..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C, praying to transfer the investigation of the case registered in Crime No.92 of 2017 which is pending investigation on the file of the Inspector of Police, Thalaivasal Police Station, Salem District to the file of Deputy Superintendent of Police, Vazhapadi Sub Division, Salem District. For Petitioner : Mr.S.Jaya Kumar For Respondents : Mrs.Kritika Kamal.P Government Advocate(Crl. Side)

O R D E R

The prayer sought for in the present petition is to transfer the investigation of the case registered in Crime No.92 of 2017 which is pending investigation on the file of the Inspector of Police, Thalaivasal Police Station, Salem District to the file of Deputy Superintendent of Police, Vazhapadi Sub Division, Salem District.

2. The grounds raised by the petitioner seeking for transfer of investigation are based on such personal averments made against the Investigation Officer.

3. The learned Government Advocate (Crl. Side) opposed the said grounds, stating that some other Investigation Officer is incharge and as such the petitioner may not be aggrieved. At https://hcservices.ecourts.gov.in/hcservices/

this juncture, the learned counsel for the petitioner submitted that in connection with the Cr.Nos.93 and 94 of 2017, the proceedings have already been transferred to the Deputy Superintendent of Police, at the interest of justice of this Court, in view of the same, it would be appropriate to transfer this proceeding also to the same Investigating Officer.

4. In the result, the Criminal Original Petition is ordered with the direction to the respondent herein to monitor the investigation in Crime No.92 of 2017, on the file of the second respondent viz.,the Deputy Superintendent of Police, Vazhapadi Sub Division, Salem District. Such an exercise shall be completed within a period of one week from the date of receipt of a copy of this order.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar dh To

1. The Superintendent of Police, Salem District.

2. The Deputy Superintendent of Police, Vazhapadi Sub Division, Salem District.

3. The Inspector of Police, Thalaivasal Police Station, Salem District.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.S.Jaya Kumar, Advocate sr.no.12408 Crl.OP No.3229 of 2018 ak(co) nr 07/03/2018 https://hcservices.ecourts.gov.in/hcservices/