Madras High CourtCRL OP(MD)/1282/2020dismissed as infructuous

K.G.Udayakumar v. The Superintendent Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.G.Udayakumar

...Petitioner

Vs.

1. The Superintendent of Police Nagercoil Kanyakumari District

2. The Superintendent of Police(South Zone) C.B.C.I.D Guindy Chennai-4

3. The Inspector of Police CBCID Nagercoil Kanyakumari District

4. The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to directing the 1st respondent to transfer the investigation in Crime No. 186 of 2019 on the file of Kaliyakkavilai Police station, from the 4th respondent to 3rd respondent or any other independent agency for fair investigation by considering the representation of the petitioner dated 31.12.2019. For Petitioner : M/s.S.C.Herold Singh For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the first respondent to transfer the investigation in Crime No. 186 of 2019, on the file of Kaliyakkavilai Police station, from the fourth respondent to the third respondent or any other independent agency for fair investigation based on the petitioner's representation, dated 31.12.2019.

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2.When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents stated that based on the complaint lodged by the petitioner, the respondent police conducted enquiry and the completed the same. Then, the Deputy Superintendent of Police, Thackalay, Kanyakumari District has filed an alteration report, altering the offences from Sections 279 and 304 of IPC to offence under Section 302 of IPC as against the petitioner. Thereafter, the final report has been filed and the same has been taken cognizance in P.R.C. No.22 of 2020, on the file of Judicial Magistrate No.I Kulithurai and it is pending for committal.

3.Therefore, the prayer sought for in this criminal original petition has become infructuous and the same is dismissed as infructuous.

Sd/- Deputy Registrar (LA & MC) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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 Judicial Magistrate,No.I Kulithurai.

2. The Superintendent of Police Nagercoil Kanyakumari District

3. The Superintendent of Police(South Zone) C.B.C.I.D Guindy,Chennai-4

4. The Inspector of Police CBCID Nagercoil Kanyakumari District

5. The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District 2/3

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-9140[F] dated 01/03/2022 ) 28.02.2022 MGJ(16.03.2022) 3P 8C 3/3