P.Rohinkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 1969 of 2020 P.Rohinkumar

...Petitioner

Vs.

1. State represented by Director General of Police, Mylapore, Chennai - 600 004.

2. The Inspector of Police, Karamadai Police Station, Coimbatore District.

(Crime No.134 of 2019)

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to Transfer the Investigation in Crime No.134 of 2019 on the file of the second respondent to the file of the CBCID, Coimbatore to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for a direction to direct the first respondent to transfer the Investigation in Crime No.134 of 2019 on the file of the second respondent to the file of the CBCID, Coimbatore.

2. The learned Additional Public Prosecutor for the respondents has filed a status report and on instructions stated that on 10.05.2019, the Deputy Superintendent of Police, ALGSC, i/c of District Crime Branch, Coimbatore took up the https://hcservices.ecourts.gov.in/hcservices/

investigation and altered the offence under Section from 174 Cr.P.C and 306 IPC to Sections 294(b), 324 and 306 IPC and 3(1) (r)(s) and 3(2)(v) of SC/ST (POA) Act 1989 as amended by the Act 2015 and the alteration report was filed on 13.05.2019 to the concerned Court.

3. Under this circumstance, the change of investigation would affect the entire investigation in Crime No.134 of 2019. Therefore, the direction sought for by the petitioner cannot be granted. However, the second respondent is directed to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kv To

1. The Director General of Police, Mylapore, Chennai - 600 004.

2. The Inspector of Police, Karamadai Police Station, Coimbatore District.

3. The Public Prosecutor, High Court Madras.

+1cc to Mr.R.Sankara Subbu, Advocate, S.R.No.19332 CRL.O.P.No. 1969 of 2020 RK(CO) RN(26/05/2020) https://hcservices.ecourts.gov.in/hcservices/