Madras High CourtCRL OP(MD)/4748/2020disposed of

D.Karthikeyan v. The Secretary

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

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Karthikeyan ... Petitioner/Defacto Complainant Vs.

1.The Secretary, Department of Home Affairs, State of Tamil Nadu, Fort St. George, Chennai.

2.The Director General of Police, No.1, Dr.Radhakrishna Salai, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, O/o. The Superintendent of Police, Madurai.

4.The Superintendent of Police (South Zone), O/o.The Superintendent of Police (South Zone), CBCID, Madurai.

5.The Inspector of Police, Oomachikulam Police Station, Madurai District.

6.The Inspector of Police, Appan Thirupathi Police Station, Madurai District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction directing the third respondent to transfer the complaint dated 26.11.2019 on the file of the fifth respondent and entrust the same to the fourth respondent for an investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court. 1/3

For Petitioner : Mr.J.Pandi Dorai For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the third respondent to transfer the complaint, dated 26.11.2019 from the file of the fifth respondent to the fourth respondent and to file a final report before the jurisdictional Magistrate. 2.The petitioner lodged complaint on 26.11.2019 before the fifth respondent. However, no action has been taken and as such, seeking transfer of complaint from the file of the fifth respondent to the file of the fourth respondent.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

4.Even before registration of F.I.R, the investigation does not arise and as such, there is no question of transfer of investigation. However, the fifth respondent is directed to conduct enquiry on the complaint lodged by the petitioner, if not already conducted and dispose of the same on merits and in accordance with law.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ps 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.

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To 1.The Secretary, Department of Home Affairs, State of Tamil Nadu, Fort St. George, Chennai.

2.The Director General of Police, No.1, Dr.Radhakrishna Salai, Mylapore, Chennai - 600 004.

3.The Superintendent of Police, O/o. The Superintendent of Police, Madurai.

4.The Superintendent of Police (South Zone), O/o.The Superintendent of Police (South Zone), CBCID, Madurai.

5.The Inspector of Police, Oomachikulam Police Station, Madurai District.

6.The Inspector of Police, Appan Thirupathi Police Station, Madurai District.

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

+1 CC to M/s.J.PANDI DORAI, Advocate ( SR-9460[F] dated 02/03/2022 ) Order made in Crl.O.P(MD)No.4748 of 2020 28.02.2022 VK(12/03/2022) 3P 9C 3/3