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Madras High CourtCRL OP/27679/2023disposed of

A.Muthu v. The Superintendent Of Police,

2023-12-11Honourable Dr Justice G. Jayachandran2 pages

Crl.O.P.No.27679 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.12.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.27679 of 2023 A.Muthu ... Petitioner -vs1.The Superintendent of Police, Chengalpattu, Chengalpattu District.

2.The Inspector of Police, Thirukahukundram Police Station, Chengalpattu District.

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.795 of 2023 on the file of 2nd respondent police to some other investigating agency. For Petitioner : Mr.B.Manoharan For Respondents :Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

ORDER

The present petition is filed to transfer the investigation in Crime No.795 of 2023 on the file of 2nd respondent police to some other investigating agency.

https://www.mhc.tn.gov.in/judis Page No.1/2

Crl.O.P.No.27679 of 2023 Dr.G.JAYACHANDRAN, J.

2. The learned Government Advocate (Crl.Side) states that there is no reason to loose faith in the present Investigation Officer, since it is a case and case in counter, bald allegation is made against the Investigation Officer.

3. Considering the rival submissions and the material placed before this Court, this Court is of the view that since siblings are at loggerhead and has involved in cognizable offence, allegation of biased investigation need not be taken on the face of the complaint. However, to instil faith on the Police, in this case, the first respondent/the Superintendent of Police shall monitor the investigation and ensure final report is filed within reasonable time.

4. With this directions, this Criminal Original Petition is disposed of. 11.12.2023 Internet : Yes/No Index : Yes/No rkp To 1.The Superintendent of Police, Chengalpattu, Chengalpattu District.

2.The Inspector of Police, Thirukahukundram Police Station, Chengalpattu District.

3.The Public Prosecutor, Madras High Court, Madras.

Crl.O.P.No.27679 of 2023 https://www.mhc.tn.gov.in/judis Page No.2/2