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Madras High CourtCRL OP/14421/2023dismissed

Kanthavel v. The Superintendent Of Police,

2023-06-28Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.14421 of 2023 Kanthavel ... Petitioner Vs.

1.The Superintendent of Police, Kallakurichi District.

2.The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.

3.The Sub Inspector of Police, Edaikal Police Station, Ulundurpet Taluk, Kallakurichi District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C. praying to direct the 1st to 2nd respondent Police to transfer investigation from the 3rd respondent Police to any other investigation officer in Crime No.27 of 2023 on the file of 3rd respondent Police by considering the petitioner representation letter dated 10.05.2023.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the 1st to 2nd respondent Police to transfer investigation from the 3rd respondent Police to any other investigation officer in Crime No.27 of 2023 on the file of 3rd respondent Police by considering the petitioner representation letter dated 10.05.2023.

2.It is the submission of learned counsel for the petitioner that petitioner's JCB was bearing No.TN32AY4614 was burnt between 26.01.2023 night and 27.01.2023 morning, when it was parked near VIP City. The analysis of CCTV shows that two persons got petrol in water bottle and one of them was accused Dandapani. On the basis of the complaint given by the petitioner First Information Report in Crime No.27 of 2023 was registered for the offences under Section 447 and 435 I.P.C. So far, only one accused namely Dandapani was arrested and other accused is not identified and arrested so far. Therefore, this petition.

3.The learned Government Advocate (Criminal side) submitted that First Information Report was registered on 17.03.2023. Petitioner now 2/5

implicates one Palanivel as another accused involved in the crime. During the course of investigation, involvement of Palanivel came to light. However, Police is investigating this case.

4.In view of the submission of learned counsel appearing for parties, this Court is of the view that investigation in this case is proceeding on the right direction and therefore, there is no need for ordering transfer of investigation of Crime No.27 of 2023 on the file of 3rd respondent Police. Third respondent is directed to complete the investigation and file final report within a period of two months from the date of receipt of copy of this order. 5.Accordingly, this Criminal Original Petition is dismissed. 28.06.2023 Internet:Yes Index:Yes/No ep 3/5

G.CHANDRASEKHARAN, J.

To:

1.The Superintendent of Police, Kallakurichi District.

2.The Deputy Superintendent of Police, Ulundurpet, Kallakurichi District.

3.The Sub Inspector of Police, Edaikal Police Station, Ulundurpet Taluk, Kallakurichi District.

Crl.O.P.No.14421 of 2023 4/5

28.06.2023 5/5