Madras High CourtCRL OP(MD)/2982/2018dismissed

Swamy Dhas v. The Superintendent Of Police

2018-04-02Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.2982 of 2018 and Crl MP(MD)No.1353 of 2018 Swamy Dhas ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

3.The Inspector of Police, CBCID, Nagercoil, Kanyakumari District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to transfer the investigation in Crime No. 331/2017 on the file of the second respondent to the file of the third respondent by considering the representation of the petitioner dated 21.11.2017.

For Petitioner : Mr.L.Jeen Felix For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to the first respondent to transfer the investigation in Crime No. 331 of 2017, on the file of the second respondent to the file of the third respondent, by considering the representation of the petitioner dated 21.11.2017.

2.According to the petitioner, based on the complaint given by the petitioner a case in Crime No.331 of 2017 has been registered for the offence under Section 379 IPC on 13.11.2017. But the second respondent has not done proper investigation. Under the said circumstances, the present petition has been filed for getting the relief as stated above.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor appearing for the

respondents has filed a status report before this Court on 08.03.2018, wherein at paragraph-5, the second respondent has stated that Crime No. 331 of 2017 was registered on 13.11.2017 and the accused Nos.1, 2 and 3 were arrested on 25.02.2018 at 15.15 hours and sent to remand through the Judicial Magistrate Court, Padmanabapuram. Originally, the fourth accused was implicated in the aforesaid crime. But, subsequently, after investigation, his name was deleted from the case. It is further stated that investigation is yet to attain finality and after completion of investigation, final report will be filed before the concerned Court. 4.Recording the aforesaid statement of the second respondent in the status report, this Criminal Original Petition is dismissed. However, it is open to the petitioner to work out his remedy before the concerned Court. Consequently, Crl.MP(MD)No.1353 of 2018 is closed.

Sd/ Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

3.The Inspector of Police, CBCID, Nagercoil, Kanyakumari District.

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

+1cc to Mr.S.C.HEROLD SINGH, Advocate, SR.No.59382 Crl.O.P.(MD)No.2982 of 2018 02.04.2018 MJ KK/KK/12.04.2018/SAR-4/2P-6C https://hcservices.ecourts.gov.in/hcservices/