Madras High CourtCRL OP(MD)/18388/2015dismissed

K.Muthuramalingam v. The Superintendent Of Police

2015-09-23Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition (MD) No.18388 of 2015 K.Muthuramalingam : Petitioner/complainant Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai.

Sivagangai District.

3. The Inspector of Police, ManamaduraiPolice Station, Sivagangai District.

: Respondents/Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C to direct the first respondentherein to transfer the investigation of the case in Crime NO.491 of 2015 from the file fo the third respondent to any other competent investigating agency in accordance with law and to file a final report before the competent court within the time stipulated by this Court.

For Petitioners : Mr.P.Mahendran For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

ORDER

Heard the submissions made by the learned counsel appearing on either side.

2. The learned counsel appearing for the petitioner would submit that the petitioner has come forward with this application for transfer of investigation from th ethird respondent to any other authority stating that the sister of the first accused is working as police and the petitioner apprehends that he will not get appropriate investigation and the alleged occurrence was taken place on 27.08.2015 at 3.3.0 p.m and the complaint has been registered at 20.30 hours for offences under Sections 294(b), 323 IPC.

3.The learned Government Advocate (Crl.side) would submit that the case has been registered for offences under Sections 323 and 294 (b) IPC and investigation is at earlier stage and the petitioner is enquired as an eye witness.

4.In such circumstances, it is premature stage to transfer the investigation and hence, this petition is dismissed. Sd/- The Assistant Registrar(co) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar

To 1.The Superintendent of Police, Sivagangai District,Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, ManamaduraiPolice Station, Sivagangai District.

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

Sm:sks:14.10.2015:2P/5c Order made in Crl.O.P(MD).No.18388 of 2015 Dated:- 23.09.2015 https://hcservices.ecourts.gov.in/hcservices/