Madras High CourtCRL OP/14271/2023disposed of

Anandharaja v. The Superintendent Of Police

2023-06-26Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :26.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Anandharaja ..Petitioner Vs.

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Thittagudi Police Station, Cuddalore District. ...Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of Cr.P.C to transfer the investigation in Crime No.135 of 2023 on the file of the 2nd respondent herein to CB-CID.

For Petitioner : Mr.M.Velmurugan.

For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.135 of 2023 on the file of the 2nd respondent herein to CB-CID.

2. The learned counsel for the petitioner gave a complaint against one Bakiyaraj, Sub Inspector of Police alleging registration of false FIR in Crime No.408 of IPC for the offence under Sections 294(b), 353, 506(2) of IPC and Section 8(c), 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances act, 1985. He also filed writ petition in W.P.No. 27209 of 2022 for issuing writ of mandamus directing the first respondent to hold an enquiry into the tortue by Bakiyaraj, Sub Inspector of Police and another. Wherein, this Court directed the respondent to conduct enquiry. Subsequently, Bakiyaraj, Sub Inspector of Police to wreck vengence against the petitioner and registered an FIR in Crime No.135 of 2022 for the offence under Sections 399 of IPC. He further submitted that, if he is permitted to investigate the case, petitioner would not get justice. Therefore, present petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that, FIR was 2/4

registered on 11.06.2023 and the investigation is conducted by the Inspector of Police.

4. In view of the submissions made by both the parties, this Court directs the Inspector of Police, Thittagudi Police Station, Cuddalore District to conduct investigation. The investigation shall be monitored by the Deputy Superintendent of Police, Cuddalore District and he/she approve the final report before the final report is filed in the Court.

5. With the above directions, this Criminal Origianl Petition is disposed of.

26.06.2023 Index : Yes / No Internet : Yes / No Sma G.CHANDRASEKHARAN,J.

3/4

Sma To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Thittagudi Police Station, Cuddalore District.

3. The Public Prosecutor, Madras High Court.

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