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Madras High CourtCRL OP/7049/2020dismissed

Ammaadaasan v. State By

2020-06-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7049 of 2020 Ammaadaasan ... Petitioner Vs.

1.State by The Superintendent of Police, O/o.Superintendent of Police, Ariyalur District, Ariyalur 2.The Inspector of Police, Vickramangalam Police Station, Ariyalur District (Crime No.34 of 2020 ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation pending in Cr.No.34 of 2020 from the file of the second respondent Police to CBCID or any other competent agency. For Petitioner : Mr.E.P.Senniyangiri For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed for transfer of investigation in Crime No.34 of 2020 from the file of the second respondent Police to CBCID.

2.

The learned Additional Public Prosecutor submitted that there is already a counter complaint has been lodged by the accused persons against the petitioner and the same was registered in Cr.No.35 of 2020 for the offences under Sections 323, 506(ii) of IPC, which is also pending on the file of the second respondent.

3. It is seen that the petitioner did not make out any ground to transfer the investigation from the file of the second respondent to another agency. That apart, a counter complaint has also been pending in Crime No.35 of 2020. Therefore, change of investigation would not serve any purpose since the counter 1/2 https://hcservices.ecourts.gov.in/hcservices/

complaint is pending on the file of the second respondent. Therefore, this Court is not inclined to transfer the investigation as such this criminal original petition is liable to be dismissed. However, the second respondent is directed to follow the procedure laid down in 588-A Police Standing Order and file final report after completing investigation in Cr.No.34 of 2020 before the jurisdiction Magistrate concerned, within a period of four months from the date of receipt of copy of this Order.

4. With the above observations, this criminal original petition is dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar lok To 1.The Superintendent of Police, Ariyalur District, Ariyalur 2.The Inspector of Police, Vickramangalam Police Station, Ariyalur District(Crime No.34 of 2020)

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7049 of 2020 aa01/07/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/