Madras High CourtCRL OP/19449/2015closed

P.Ranganathan v. The Superintendent Of Police

2015-08-05Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.19449 of 2015 and MP.No.1 of 2015 P.Ranganathan ... Petitioner Vs 1.The Superintendent of Police [Rural], Salem District, Salem.

2.The Inspector of Police, Azhagapuram Police Station, Salem District.

3.The Inspector of Police, CBCID, Salem.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 3rd respondent to conduct investigation in Crime No.253 of 2014 de novo which is now on the file of the 2nd respondent.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.C.Emalias, APP

O R D E R

This is a petition to transfer the investigation in crime No.253 of 2014 on the ground that the police have not conducted a fair investigation.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. It is seen that the investigation in crime No.253 of 2014 was completed and Final Report has been filed in CC.No.197 of 2014. Further, the allegations in the Final Report is for offences under Section 147, 342, 294[b], 323 and 506[ii] IPC.

4. Under such circumstances, this is not a fit case to transfer the investigation and direct de novo enquiry. The https://hcservices.ecourts.gov.in/hcservices/

petitioner/victim can depose before the Trial Court and during the course of trial, if any grave offences surfaced, it is always open to the Trial Court to alter the charges.

With the above observation, this petition is closed. Consequently, connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar gya To 1.The Superintendent of Police [Rural], Salem District, Salem.

2.The Inspector of Police, Azhagaruam Police Station, Salem District.

3.The Inspector of Police, CBCID, Salem.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Jayaprakash, Advocate, sr.40660 CRL.OP.No.19449 of 2015 ak(co) kra 17/08 https://hcservices.ecourts.gov.in/hcservices/