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Madras High CourtCRL OP/7039/2023dismissed

S.Akash v. The State Rep By The Inspector Of Police

2023-12-11Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HONOURABLE MR. JUSTICE Dr. G. JAYACHANDRAN and Crl.M.P.No.4398 of 2023 S.Akash ... Petitioner Vs.

The State, Rep. by The Inspector of Police Mamallapuram Police Station, Cr No. 75/2023 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Cr No.75/2023 pending on the file of the Mamallapuram police station to some other investigating agency, or officer for investigation.

For Petitioner : Mr.N.Senthil For Respondent : Mr.Leonard Arul Joseph Selvam, Government Advocate (Criminal Side), 1/4

O R D E R

This Criminal Original Petition is filed to transfer the investigation in Crime No.75 of 2023, pending on the file of the Mamallapuram Police Station to some other investigating agency, or officer for investigation.

2. The learned Counsel appearing for the petitioner submitted that since there was some intercalation in the Accident Register, serious doubts were raised by the petitioner herein that the Investigating Officer has not property conducted the investigation and therefore, investigation should be transferred to some other agency.

3.The learned Government Advocate (criminal side) submitted that in this regard, this Court sought for status report from the Investigating Officer, to address, who is the scriber of the intercalation found in the Accident Report, along with the letter of the Doctor. The status report was filed indicting that the intercalation was made by the author of the Wound Certificate and not by any third party. Therefore, there is no reason either to suspect the credential of the Investigating Officer or to transfer the investigation.

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4. Perused the materials available on record.

5. Accordingly, the petition stands dismissed. Consequently, connected miscellaneous petition is also dismissed. 11.12.2023 Index : Yes/No sha To 1.The Inspector of Police Mamallapuram Police Station, 2.The Public Prosecutor, High Court of Madras, Chennai.

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Dr. G. JAYACHANDRAN . J., (sha) 11.12.2023 4/4