Nazar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN CRL.O.P.No.12308 of 2021 Nazar ... Petitioner

Versus

1.The Superintendent of Police, Office of the Superintendent of Police, District Police Office, Near Collectorate, Dharmapuri - 636 705.

2.The Deputy Superintendent of Police, CB-CID (North Zone), No.2/11, NGGO's Colony, Oddapatty, Collectorate Post Office, Dharmapuri - 636 705.

3.The Inspector of Police, Maharajakadai Police Station, Krishnagiri District, Crime No.89/2021.

4.R.Chandra Kumar 5.Rajesh 6.Mohanraj 7.Jayakumar 8.Muthukumar @ Rajesh 9.Kamaraj @ Nari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of FIR in Crime No.89 of 2021 from the file of 3rd respondent to 2nd respondent.

For Petitioner :

No appearance For Respondents :

Mr.A.Damodaran Government Advocate (Crl.Side) for R1 to R3

O R D E R

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.89 of 2021 pending on the file of third respondent to second respondent. 2.There is no representation for the petitioner. 3.Heard the learned Government Advocate (Crl.Side) for the respondents 1 to 3.

4.The learned Government Advocate (Crl.Side) for the respondents 1 to 3 would submit that the petitioner is arrayed as A6 in Crime No.89 of 2021 and by invoking the provisions under Section 482 Cr.P.C., the petitioner cannot seek transfer of the case from one District to another District. 5.It is seen from the records that the petitioner is arrayed as A6 in Crime No.89 of 2021 and he sought for relief to transfer the case pending on the file of third respondent to second respondent. As pointed out by the learned Government Advocate (Crl.Side), by invoking the provisions under Section 482 Cr.P.C., the accused cannot seek transfer of investigation and moreover, the reasons stated in the petition are also not satisfied. Hence, this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ms To 1.The Superintendent of Police, Office of the Superintendent of Police, District Police Office, Near Collectorate, Dharmapuri - 636 705.

2.The Deputy Superintendent of Police, CB-CID (North Zone), No.2/11, NGGO's Colony, Oddapatty, Collectorate Post Office, Dharmapuri - 636 705.

3.The Inspector of Police, Maharajakadai Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.12308 of 2021 PCH (CO) PR (16/08/2021)