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Madras High CourtCRL OP/6053/2016dismissed

Mr.Arun Prasath v. The Inspector Of Police

2016-03-18Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.6053 of 2016 and Crl.M.P.No.3118 of 2016 Arun Prasath ... Petitioner .. Vs ..

1. The Inspector of Police, Law & Order, Tiruppur Central Police Station, Tiruppur.

2. The Superintendent of Police, CBCID, Tiruppur District, Tiruppur.

... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to transfer the FIR in Cr.No.62/2016 now pending investigation on the file of the first respondent, to the file of the 2nd respondent. For Petitioner :

Mr.A.Thirumaran For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

The petitioner has come forward with the present petition seeking for a direction to transfer the FIR in Cr.No.62/2016 now pending investigation on the file of the first respondent, to the file of the 2nd respondent.

2. Heard both sides and perused the materials available on record.

3. The learned counsel for the petitioner submitted that the father of the deceased has filed this petition for transferring the FIR in Cr.No.62/2016 registered on 27.01.2016 for an offence punishable under Section 302 of IPC, stating that the investigation is not properly done.

https://hcservices.ecourts.gov.in/hcservices/

4. A perusal of the typed-set of papers would go to show that based on the complaint given by one Meenatchi, the complaint has been registered on 27.01.2016 for the offence under Section 302 of IPC and the present petition seeking transfer of investigation has been filed on 14.03.2016. Therefore, I am of the view that it is premature to consider the petition at this stage. Hence, this Criminal Original Petition is dismissed, as it is premature. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Jrl To

1. The Inspector of Police, Law & Order, Tiruppur Central Police Station, Tiruppur.

2. The Superintendent of Police, CBCID, Tiruppur District, Tiruppur.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Thirumaran, Advocate, S.R.No.17305 CRL.O.P.No.6053 of 2016 SAI(CO) CA(31/03/2016) https://hcservices.ecourts.gov.in/hcservices/