Madras High CourtCRL OP(MD)/796/2023disposed of

Paramasivam v. The Superintendent Of Police

2023-01-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Paramasivam ... Petitioner Vs.

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

2.The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.

3.The Inspector of Police, CBCID, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to withdraw and transfer the pending complaint of the petitioner from the file of the second respondent police based on the representation of the petitioner dated 15.09.2022 and to entrust the same to the third respondent police for conducting enquiry within the time stipulated by this Court. 1/4

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to withdraw and transfer the pending complaint of the petitioner from the file of the second respondent police based on the representation of the petitioner dated 15.09.2022 and to entrust the same to the third respondent police for conducting enquiry within the time stipulated by this Court.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner has preferred a complaint on 16.09.2022 and there existed property dispute between the family members of the petitioner and that enquiry is pending.

3. Recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to follow the dictum 2/4

laid down in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1 and pass orders in accordance with law.

4. With the above direction, this Criminal Original Petition stands disposed of.

12.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.

3.The Inspector of Police, CBCID, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 12.01.2023 4/4