Madras High CourtCRL OP(MD)/1291/2023disposed of

D.Kalaivani v. The Superintendent Of Police

2023-01-24Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR D.Kalaivani, : Petitioner Vs

1. The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District

3. The Inspector of Police, Munnerpallam Police Station, Palayamkottai Taluk, Thoothukudi District.

(Crime No.121/2022) : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to issue a direction directing the first respondent to withdraw and transfer the case in Crime No.121 of 2022 dated 11.05.2022 under Section 1/5

394 r/w 302 of IPC, on the file of the third respondent and entrust the same to the second respondent for fair investigation and file a final report before the competent Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.R.Sivakumar Government Advocate (Crl.Side)

ORDER

This criminal original petition has been filed seeking a direction to the first respondent to withdraw and transfer the case in Crime No.121 of 2022 dated 11.05.2022, from the file of the third respondent and entrust the same to the file of the second respondent for fair investigation and file a final report before the competent Court.

2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that in this case, after completion of investigation, the respondent police had filed the charge sheet and the same was taken on file as S.C.No.432 of 2022, on the file of the I Additional District Court, Tirunelveli.

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3.The main contention of the petitioner is that though the averments in the complaint attract the provisions of the Scheduled Caste and Scheduled Tribes Act, the same were not included.

4.Recording the submission made by the learned Government Advocate (Crl.Side), this criminal original petition is disposed of. The petitioner is at liberty to file a protest petition before the concerned Court. 24.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr To

1. The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District

2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District

3. The Inspector of Police, Munnerpallam Police Station, Palayamkottai Taluk, Thoothukudi District.

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

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K.MURALI SHANKAR , J.

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