D. Arumugam v. Superintendent Of Police Office,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.23621 of 2021 D.Arumugam ... Petitioner

Versus

1. Superintendent of Police Office, Dharmapuri District, Tamil Nadu - 636 701.

2. State rep. by, The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti, Dharmapuri - 636 701.

3. Mr.Gunasekaran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to transfer the Investigation in Crime No.532 of 2021, pending before Pappireddipatti Police Station, Dharmapuri District to any other Investigation Officer.

For Petitioner :

Mr.S.Praveennath For Respondents :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

to direct the 1st respondent to transfer the Investigation in Crime No.532 of 2021, pending before Pappireddipatti Police Station, Dharmapuri District to any other Investigation Officer. 2.

The grievance of the petitioner is that the Investigation Officer in Crime No.532 of 2021 has not conducted proper investigation and he allowed the accused to escape. He https://hcservices.ecourts.gov.in/hcservices/

further submits that the petitioner was injured by the accused persons. The injuries are serious in nature and he was admitted in the hospital.

3. The learned Additional Public Prosecutor submits that on the complaint given by the petitioner, a case was registered on 22.11.2021. Thereafter, the respondent police visited the scene of occurrence and prepared observation Mahazar. Witnesses 1 to 11 were examined by the Investigation Officer and recorded their statements. L.W.1 to 8 are the eye witnesses to the occurrence, L.W. 9 and 10 are Observation Mahazar witnesses, L.W.11 is the Doctor, who had treated the petitioner, L.W.12 is the SSI of Police, who had received the complaint and registered F.I.R, L.W.13 is the Investigation officer who had investigated the case and completed the investigation. Positive final report was made on 20.12.2021 and charge sheet to be shortly presented before the Judicial Magistrate No.II, Pappireddipatti.

4. In view of the same, finding that a positive report is made ready and charge sheet to be filed shortly, the apprehension of the petitioner appears to be on a misgiving.

5. Hence, this Court is of the view that there is no need to transfer the investigation. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rkp To

1. The Inspector of Police, Pappireddipatti Police Station, Pappireddipatti, Dharmapuri - 636 701.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23621 of 2021 KSM(CO) SU(20/01/2022) https://hcservices.ecourts.gov.in/hcservices/