Madras High CourtCRL OP(MD)/1583/2021disposed of

Palpandi v. The District Superintendent Of Police

2021-03-15Honourable Mrs Justice R. Hemalatha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.1583 of 2021 M.Palpandi

...Petitioner/Defacto Complainant.

vs.

1.The State of Tamilnadu represented by The District Superintendent of Police, Theni District. Theni.

2.The Deputy Superintendent of Police, Uthamapalayam Sub Division, Uthamapalayam, Theni District.

3.The Inspector of Police, Kumuli Police Station, Theni.

(Crime No.35 of 2019) ... Respondents/Complainant.

PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation in Crime No.35 of 2019 from the file of the third respondent to the file of the second respondent and also for monitoring the investigation by the first respondent. For Petitioner :Mr.P.M.Vishnu Varthanan For Respondents :Mr.A.Robinson, Government Advocate (Criminal Side)

O R D E R

This petition is filed seeking for a direction to the first respondent to transfer the investigation in Crime No.35 of 2019 from the file of the third respondent to the file of the second respondent.

2. Mr.A.Robinson, learned Government Advocate (Criminal Side), on instructions, would contend that the Inspector of Police, Kumuli Police Station, Theni, after concluding the investigation in Crime No.35 of 2019 has made the referred charge sheet ready and the same would be filed before the concerned Judicial Magistrate, after issuing notice to the petitioner/defacto complainant. https://hcservices.ecourts.gov.in/hcservices/ 1/2

3. In such circumstances, this Criminal Original Petition is disposed of with a direction to the third respondent to file the referred charge sheet before the concerned Judicial Magistrate, after giving notice to the petitioner/defacto complainant, as expeditiously as possible. The defacto complainant, if aggrieved by the referred charge sheet, can approach the concerned Magistrate and file a protest petition, if he is so advised.

Sd/- Assistant Registrar.

// True Copy // / /2021 Sub Assistant Registrar(CS) 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 DISTRICT SUPERINTENDENT OF POLICE, STATE OF TAMILNADU, THENI DISTRICT. THENI.

2.THE DEPUTY SUPERINTENDENT OF POLICE, UTHAMAPALAYAM SUB DIVISION, UTHAMAPALAYAM, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, KUMULI POLICE STATION, THENI.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc M/s.P.M.Vishnuvarthanan,Advocate, SR.No.11354(F)dated:16.03.2021 Crl.OP(MD)No.1583 of 2021 15.03.2021 sm AM/29/04/2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2