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Madras High CourtCRL OP(MD)/10672/2015disposed of

Muthukrishnan v. The Superintendent Of Police

2015-06-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)Nos.10672 of 2015 Muthukrishnan ... Petitioner Vs.

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Thalamuthunagar Police Station, Thoothukudi.

3. The Deputy Superintendent of Police, CBCID, Thoothukudi.

... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to withdraw Crime No.19 of 2015 from the file of the second respondent and transfer the same to the third respondent for proper investigation. For Petitioner : Mr.C.T.Perumal For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side)

O R D E R

Seeking a direction to transfer the investigation, the petitioner has come up with this petition.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents and perused the records.

3. The case of the petitioner is that he is not in the place of occurrence and also submitted that the petitioner's mother and child of the defacto complainant have not been enquired. The learned Government Advocate (Crl. Side) submitted that the investigation has been completed and the same is awaiting for the opinion of the learned Public Prosecutor.

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4. It is also not in dispute that the Defacto Complainant is the sister-in-law of the petitioner. Considering the

facts and circumstances of the case, this court directs the second respondent to conduct further investigation by enquiring the mother of the petitioner as well as the child of the Defacto Complaint, before filing the Final Report.

5. This Criminal Original Petition is disposed of accordingly.

SD ASST REGISTRAR - CO TRUE COPY SUB ASST REGISTRAR PJL To

1. The Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Thalamuthunagar Police Station, Thoothukudi.

3. The Deputy Superintendent of Police, CBCID, Thoothukudi.

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

1CC TO MR. C.T. PERUMAL, ADV SR: 33417 DM 8 7 15 Crl.O.P.(MD)Nos.10672 of 2015 24.06.2015 https://hcservices.ecourts.gov.in/hcservices/