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Madras High CourtCRL OP/6193/2020disposed of

R.Jagannathan v. The Superintendent Of Police

2020-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6193 of 2020 R.Jagannathan

...Petitioner

Vs.

1. The Superintendent of Police, Kanchipuram District, Kanchipuram.

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

3. The Inspector of Police, Kanchi Taluk Police Station, Kanchipuram & District.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent to transfer the investigation in Crime No.120 of 2020 pending on the file of the Inspector of Police, Kanchi Taluk Police Station, Kanchipuram & District to some other investigating agency preferably CB-CID Kanchipuram & District.

For Petitioner : Mr.G.M.Sankar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.120 of 2020 pending on the file of the Inspector of Police, Kanchi Taluk Police Station, Kanchipuram & District to some other investigating agency preferably CB-CID Kanchipuram & District.

2. The learned counsel for the petitioner has submitted that the injured sustained grievous injuries on his head, and inspite of the same, then the third respondent did not register a case for offences under Sections 326 and 307 IPC.

3. The learned Additional Public Prosecutor has submitted that major part of the investigation is already over and at this stage, it would not be proper to transfer the investigation to any other agency.

4. Considering the above facts and circumstances, this Court is of the view that at this stage, the transfer of investigation cannot be considered. However, the third respondent is directed to complete the investigation and file https://hcservices.ecourts.gov.in/hcservices/

final report within a period of six weeks from the date of receipt of a copy of this order. If any materials are found to attract the offence under Section 307 IPC, the third respondent is directed to alter/include the offence accordingly.

5. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

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

1. The Superintendent of Police, Kanchipuram District, Kanchipuram.

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

3. The Inspector of Police, Kanchi Taluk Police Station, Kanchipuram & District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.M.Sankar, Advocate SR.No.24347 +1cc to Mr.R.Prabudoss, Advocate SR.No.23801 Crl.O.P.No.6193 of 2020 rr(CO) mst(29/05/2020) https://hcservices.ecourts.gov.in/hcservices/