P.Sivashankar v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Sivashankar ... Petitioner

Versus

1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

3.State, represented by, Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

4.Prabhu 5.Sathiya 6.Hanestraj 7.Saranraj 8.Bthirinarayanan 9.Muhamudali ... Respondents 1/4

Criminal Original Petition filed under Section 482 of the Cr.P.C., to pass an order of direction, directing the respondents 1 & 2 to withdraw and transfer the investigation in Crime No.7 of 2017 on the file of Inspector of Police, Thiruvannamalai Town Police Station to the Inspector of Police, CBCID, Thiruvannamalai or any other fair Investigation agency to secure the ends of justice.

For Petitioner : Mr.Sankarasubbu For Respondents : Mr.M.Mohamed Riyaz, (for R1 to R3) Additional Public Prosecutor.

: Mr.B.Manoharan (for R4 to R9)

O R D E R

The petitioner has filed this petition to transfer the investigation in Crime No.7 of 2017 from the file of the third respondent to the Inspector of Police, CBCID, Thiruvannamalai.

2.The learned Additional Public Prosecutor appearing for the State submitted that the third respondent has already completed the investigation and also filed a final report in Crime No.7 of 2017 before the concerned Judicial Magistrate Court, which has been taken as cognizance in SC.No.83 of 2019 on the file of Mahila Court, Thiruvannamalai and the same is 2/4

pending for trial.

3.In the light of the above, it is evident that the investigation in Crime No.7 of 2017 is not pending on the file of the third respondent police. Hence, the transfer of the investigation sought for by the petitioner does not arise. Therefore, the petitioner is dismissed on devoid of merits. 16.03.2020 Internet:Yes Index:Yes/no Speaking/Non speaking order klt To 1.The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

3.The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai District.

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G.K.ILANTHIRAIYAN, J.

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