Parisithu v. Sup Of Po Vilpurm

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH CRL.O.P.No.23093 of 2018 Parisithu .. Petitioner Vs 1.The Superintendent of Police, Villupuram, Villupuram District.

2.The Inspector of Police, Varanjaram Police Station, Kallakurichi, Villupuram District.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the 1st respondent to withdraw and transfer the complaint registered in Crime No.173 of 2018 in Varanjaram Police Station from the file of the 2nd respondent and appoint some other investigation officer to investigate the same and file a final report.

For Petitioner : Mr.R.Narendran For Respondents : Mrs.M.Prabhavathi Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent police to withdraw and transfer the complaint registered in Crime No.173 of 2018 in Varanjaram Police Station from the file of the 2nd respondent and appoint some other Investigation Officer to investigate the same and file a final report.

2.On the complaint lodged by the petitioner, the 2nd respondent police have registered a case in Crime No.173 of 2018 on 04.05.2018, for the offences under Sections 147, 148 and 302 IPC, against four named accused and unnamed others. Not satisfied with the progress of the investigation, the de facto complainant has filed the present application for transfer.

3.It is alleged by the de facto complainant that the accused had been continuing to come to the village and threaten him to withdraw the application and the police officers are not taking any action.

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4.However, the learned Additional Public Prosecutor, appearing for the respondents, submitted that the investigation in Crime No.173 of 2018 has been completed and a charge sheet has been filed on 30.09.2018, before the Judicial Magistrate Court, Kallakurichi, against the accused. She also submitted that the police have recovered the weapons, allegedly used by the accused and the same have also been produced before the jurisdictional Court.

In such view of the matter, this Court is of the view that it is not a fit case to transfer the investigation to any other agency. Hence, this Criminal Original Petition is closed with a direction to the police to ensure that no harm befalls the petitioner and other witnesses at the hands of the accused.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mkn/krk To 1.The Superintendent of Police, Villupuram, Villupuram District.

2.The Inspector of Police, Varanjaram Police Station, Kallakurichi, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23093 of 2018 RK(CO) EU(13/11/2018) https://hcservices.ecourts.gov.in/hcservices/