M.Palanisamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 22923 of 2021 and Crl.MP.No.12522 of 2021 M.Palanisamy ... Petitioner Vs.

1.State Rep.by The Superintendent of Police, Tiruppur District.

2.Inspector of Police Dharapuram Police Station, Tiruppur District.

Cr.No.2392 of 2020 3.The Superintendent of Police, CB CID, Coimbatore Unit, Coimbatore, Coimbatore District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to withdraw the case file in Cr.No.2392 of 2020 from the file of second respondent and transfer the same to the third respondent agency for fair investigation in Crime No.2392 of 2020.

For Petitioner : Mr.N.Ponraj For Respondents : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to withdraw the case in Crime No.2392 of 2020 and transfer the same to the third respondent for further investigation in Crime No.2392 of 2020.

2. On the date of admission, there was no representation for the petitioner. Hence the petition is posted 'For Dismissal". Thereafter, the Registry has failed to bring this https://hcservices.ecourts.gov.in/hcservices/

matter for further hearing.

3.

The learned Government Advocate (Crl.Side) has submitted that the crime is of the year 2020 and the investigation is under progress.

4. Considering the facts and circumstances of the case, so far the second respondent has arrested one of the accused and examined many witnesses. At this stage, if the investigating agency is transferred it will entirely affect the investigation. Therefore, this Court is not inclined to transfer the case to the third respondent.

5. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar drl To 1.The Superintendent of Police, Tiruppur District.

2.The Inspector of Police Dharapuram Police Station, Tiruppur District.

3.The Superintendent of Police, CB CID, Coimbatore Unit, Coimbatore, Coimbatore District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 22923 of 2021 SKM(CO) SB(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/