Vijayakumar v. The District Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9768 of 2019 Vijayakumar

...Petitioner

-Vs1.The District Superintendent of Police, Thiruvarur, Thiruvarur District.

2.The Inspector of Police, Edaiyur Police Station, Thiruthuraipoondi Taluk, Thiruvarur District.

Cr.No.36 of 2018.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent herein to withdraw the case in Cr.No.36 of 2018 on the file of 2nd respondent and transfer the same to any other Inspector of Police under him and investigate the matter in accordance with law.

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

ORDER

This petition has been filed to transfer the investigation in Cr.No.36 of 2018 pending on the file of the 2nd respondent, based on the petitioner representation dated 21.03.2018.

2.The learned counsel for the petitioner submitted that on 21.03.2018 one Suresh and other accused persons have tried to assault the petitioner's son and threatened the petitioner with dire consequences. Therefore, the petitioner lodged a complaint before the 2nd respondent police on 21.03.2018 https://hcservices.ecourts.gov.in/hcservices/

and the same was registered in Crime No.36 of 2018. Since, no action was taken, the present petition has been filed to transfer the investigation.

3.The learned Government Advocate (Crl. Side) submitted that there is a case in counter in which was registered in Crime No.37 of 2018. They completed investigation in both the Crime numbers and filed a final report before the Judicaial Magistrate, Thiruthuraipoondi District. 4.Considering the submissions made by the learned Government Advocate (Crl.Side) that the respondent police have already filed a final report in Crime No.36 of 2018 before the Judicial Magistrate, Tiruthuraipoondi. Therefore, the prayer sought for in this present petition can not be considered now. 5.With the above observation, this Criminal Original Petition is dismissed.

sd/ ASSISTANT REGISTRAR /TRUE COPY/ SUB-ASSISTANT REGISTRAR rri To

1. The Judicial Magistrate, Thiruthurai poondi.

2.The District Superintendent of Police, Thiruvarur, Thiruvarur District.

3.The Inspector of Police, Edaiyur Police Station, Thiruthuraipoondi Taluk, Thiruvarur District.

Cr.No.36 of 2018.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9768 of 2019 VGI (CO) TA-10/06/2019 https://hcservices.ecourts.gov.in/hcservices/