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Madras High CourtCRL OP(MD)/93/2022disposed of

Radhakrishnan v. The Superintendent Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.93 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.93 of 2022 Radhakrishnan ... Petitioner Vs 1.State rep. by The Superintendent of Police, District Superintendent Office, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent to transfer the investigation in Crime No.1173 of 2021 from the second respondent to some other police station or any investing officer or to some other impartial investigation agency.

For Petitioner : Mrs.A.Banumathy For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.)

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.) appearing for the respondents.

2.The petitioner seeks transfer of investigation in Crime No.1173 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 323, 166A & 506(i) of IPC.

3. The petitioner is the defacto complainant while one Murugan Head Constable attached to the second respondent is the accused. Since the accused is attached to the second respondent police station, the petitioner feels that proper investigation will not be undertaken. He also alleges that he is under tremendous pressure from the second respondent to withdraw the complaint.

4. The learned counsel appearing for the petitioner passed on the video of the occurrence. The accused Murugan is seen uttering https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.93 of 2022 abusive expressions. He is also seen slapping the petitioner. The petitioner does not want to take back the complaint.

5. In these circumstances, the second respondent is directed to file a positive final report within a period of three weeks from the date of receipt of a copy of this order. Since such a direction has been given in favour of the petitioner, I am of the view that there is no need to direct transfer of investigation. 6.This Criminal Original Petition is disposed of. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Superintendent of Police, District Superintendent Office, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.93 of 2022 06.01.2022 RD(24.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2