Madras High CourtCRL OP/28506/2018disposed of

R.Paramasivam v. The Inspector Of Police

2018-12-06Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28506 of 2018 R.Paramasivam .... Petitioner Vs.

1.The Inspector of Police, Jayankondam Police Station, Ariyalur District.

2.The Deputy Superintendant of Police, DSP Office, Jayankondam, Ariyalur District.

3.The Superintendant of Police, Ariyalur & District.

.... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to transfer the investigation agency from 1st respondent to some other agency and direct them to enquire in to the complaint dated 04.10.2018 and to file the final report. For Petitioner : Mr.R.Sivaraman For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the investigation to some other investigation agency.

2. It is seen from records that the case is still at the stage of petition and according to the learned counsel for the petitioner, the respondent police is not enquiring into the complaint and proceeding further in accordance with law.

3. The relief sought for by the petitioner cannot be granted by this Court. The petitioner has to necessarily work out his remedy in accordance with the guidelines given by the Honourable Division Bench of Madurai Bench in Crl.OP(MD) No.13681 of 2018 and a batch of cases, dated 20.09.2018. Only after the registration of an FIR, the petitioner can thereafter seek for https://hcservices.ecourts.gov.in/hcservices/

any transfer of investigation. At the stage of complaint, there is no scope for transferring the investigating agency. 4.This Criminal Original Petition is disposed of by giving liberty to the petitioner work out his remedy in the manner indicated herein.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar gsp/rm To 1.The Inspector of Police, Jayankondam Police Station, Ariyalur District.

2.The Deputy Superintendant of Police, DSP Office, Jayankondam, Ariyalur District.

3.The Superintendant of Police, Ariyalur & District.

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sivaraman, Advocate sr.no.83804 Crl.O.P.No.28506 of 2018 nr 20/12/2018 https://hcservices.ecourts.gov.in/hcservices/