Muniyan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Muniyan ... Petitioner Vs.

1.The Superintendent of Police, Dharmapuri.

2.The Deputy Superintendent of Police, Pennagaram, Dharmapuri.

3.State by the Inspector of Police, Perumbalai Police Station, Dharamapuri District.

(Crime No.60/2022) ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation of the case in Crime No.60 of 2022 pending on the file of the third respondent police station to Crime Branch CID, Dharmapuri District or any other independent police agency or officer under the supervision of the first respondent Superintendent of Police and first respondent to monitor the investigation.

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For Petitioner : Mr.J.Ranjithkumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.60 of 2022 pending on the file of the third respondent police station to Crime Branch CID, Dharmapuri District or any other independent police agency or officer under the supervision of the first respondent.

2. The grievance of the petitioner is that the investigation is not going in right path. Despite the external injuries found on the body, FIR has been filed under Section 174 of Cr.P.C. Hence, he prays to transfer the investigation to some other agency.

3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that the postmortem report did not indicate any external injuries. In this case, already 27 witnesses have been examined. He would further submit that the third respondent police has conducted the investigation in a fair manner. 2/4

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

5. Considering the nature of allegations particularly the contention of the petitioner that there are external injuries found on the body, the Deputy Superintendent of Police, Pennagaram is directed to conduct investigation in a fair manner and proceed as per law.

6. With the above direction, this Criminal Original Petition is disposed of. 04.07.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No shk/nr N. SATHISH KUMAR,J.

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Shk/nr To 1.The Superintendent of Police, Dharmapuri.

2.The Deputy Superintendent of Police, Pennagaram, Dharmapuri.

3.State by the Inspector of Police, Perumbalai Police Station, Dharamapuri District.

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

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