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Madras High CourtCRL OP/8147/2023dismissed

M.Ravikumar v. The Commissioner Of Police

2023-04-13Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No. 8147 of 2023 M.Ravikumar ... Petitioner

Versus

1.The Commissioner of Police, The Commissioner Office, Salem District.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The Inspector of Police, Thalaivasal Police Station, Salem District.

4.The Inspector of Police, CB-CID, Salem District.

... Respondents PRAYER : Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, to transfer the investigation in Crime No.92 of 2023 pending investigation on the file of the 3rd respondent to the 4th respondent (CB-CID) by appropriate complete investigation within a stipulated period.

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For Petitioner :

Mr.T.Balachandran For Respondents :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition is filed to transfer the investigation in Crime No.92 of 2023 pending on the file of the 3rd respondent to the 4th respondent (CB-CID).

2.The learned counsel appearing for the petitioner submitted that the 3rd respondent had not conducted the investigation in an effective manner. He would further submit that though the petitioner had suffered grevious injuries, the First Information Report was registered only for the offences under Sections 294(b), 354, 324, 342 & 323 of IPC.

3.The learned Government Advocate (Crl. Side) appearing for the respondents would submit that during investigation, if they find that other offences are made out, they would file an alternation 2/5

report.

4.In view of the same, this Court is of the view that the prayer in the instant petition is premature and if the petitioner finds later that the respondents are not conducting the investigation in an effective manner, the petitioner can renew the prayer subsequently. 5.This Criminal Original Petition is dismissed with the above observations. No costs.

13.04.2023 kkn Index: Yes/No Speaking Order / Non-Speaking Order To:- 3/5

1.The Commissioner of Police, The Commissioner Office, Salem District.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The Inspector of Police, Thalaivasal Police Station, Salem District.

4.The Inspector of Police, CB-CID, Salem District.

5.The Public Prosecutor, Madras High Court, Chennai.

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SUNDER MOHAN, J KKN Crl.O.P.No.8147 of 2023 13.04.2023 5/5