Madras High CourtCRL OP(MD)/1806/2022disposed of

Manikandan v. The Superintendent Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1806 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1806 of 2022 Manikandan ... Petitioner Vs.

1.The State of Tamilnadu rep. through its The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police (Circle), Melur Police Station, Melur, Madurai District.

4.The Sub Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

... Respondents 1 to 4 (Crime No.16 of 2022) Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to transfer the pending investigation in FIR in Crime No.16 of 2021 dated 19.01.2022 from the file of the 4th respondent to the file of the 2nd and 3rd respondents and conduct further investigation within a stipulated time, granted by this Court on the basis of the petitioner's representation dated 24.01.2022.

For Petitioner : Mr.P.M.VISHNUVARTHANAN, Advocate For Respondents: Mr.M.Sakthi Kumar, Government Advocate(Crl. Side).

O R D E R

This criminal original petition has been filed seeking transfer of investigation.

2.As rightly pointed out by the learned Government Advocate (Crl. Side) that the FIR itself was registered only on 19.01.2022. Therefore, the petitioner cannot rush to this Court. 3.Be that as it may, the fourth respondent is directed to bear in mind the grievances expressed by the petitioner and conduct the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1806 of 2022 investigation accordingly. The fourth respondent should take note of the fact that the petitioner is the defacto complainant and therefore, the investigation should be done in such a manner as not to cause any doubt or apprehension in the mind of the complainant. Of-course, I do bear in mind the fact that the petitioner is shown as second accused in Crime No.17 of 2021. Since I have before me case and counter case, the fourth respondent shall follow the usual procedures in such matters.

4.This criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (Writ) // True Copy // / /2022 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 Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police (Circle), Melur Police Station, Melur, Madurai District.

4.The Sub Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

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

+1 cc to Mr.P.M.VISHNUVARTHANAN, Advocate, SR.No.3785 Crl.O.P(MD)No.1806 of 2022 Date:01.02.2022 SA (17.02.2022) 2P 7c https://hcservices.ecourts.gov.in/hcservices/ 2/2