S.Illamurugan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5496 of 2019 S.Illamurugan ... Petitioner Vs.

State Rep by The Inspector of Police, D'Nagar Police Station, Puducherry ... Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue the direction to transfer the investigation in Crime No.45 of 2018 on the file of the respondent to some other competent investigating agency.

For Petitioner : Mr.R.Vivekananthan For Respondent : Mr.V.Balamurugane, Additional Public Prosecutor(Pondy)

ORDER

This petition has been filed to transfer the investigation in Crime No.45 of 2018 on the file of the respondent to some other competent investigating agency.

2. The learned Additional Public Prosecutor would submit that investigation in Crime No.45 of 2018 on the file of the respondent has almost been completed and the respondent Police has only to file final report. Hence, the prayer sought for by the petitioner cannot be granted.

3. It is seen that the investigation in Crime No.45 of 2018 on the file of the respondent has already been completed as such at this stage the transfer of investigation would not serve any purpose. Therefore, this Court is not inclined to grant the prayer sought for by the petitioner. However, the respondent Police is directed to file final report in Crime No.45 of 2018 before the jurisdictional Magistrate concerned within a period of two weeks from the date of receipt of copy of this Order after serving referred charge sheet to the petitioner / defacto https://hcservices.ecourts.gov.in/hcservices/

complainant. On receipt of the said notice, the petitioner is at liberty to file a protest petition before the jurisdictional Magistrate concerned.

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

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar lok To

1. The Inspector of Police, D Nagar Police Station, Puducherry

2. The Public Prosecutor, High Court, Madras 104.

+1 CC to Mr.R.Vivekananthan, Advocate sr 32986. +1 CC to Public Prosecutor, Puducherry sr 32522. Crl.O.P.No.5496 of 2019 PP(CO) SP(30/04/2019) https://hcservices.ecourts.gov.in/hcservices/