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Madras High CourtCRL OP(MD)/4972/2019disposed of

V.Raja v. The Superintendent Of Police

2019-04-03Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRL.O.P.(MD)No.4972 of 2019 V.Raja : Petitioner -Vs1.The Superintendant of Police, Sivagangai District.

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

3.Mr.Vinoth Raja, Sub Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

4.The Deputy Superintendant of Police, CBCID, Sivagangai District.

: Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the first respondent to transfer the investigation from the second respondent to the fourth respondent / CBCID or any other investigating agency in accordance with law.

For Petitioner : Mr.S.Arivalagan For R-1 to R-4 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the first respondent to transfer the investigation from the second respondent to the fourth respondent / CBCID or any other investigating agency in accordance with law.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The petitioner, an accused in Crime No.146 of 2018, now wants to transfer of investigation from the second respondent to the fourth respondent on the ground that the third respondent / the Sub Inspector of Police has invited him over phone in connection with this case and slapped him.

4. The learned counsel appearing for the petittioner submitted that the above said incident was happened on 28.10.2018, in which the First Information Report was also registered. https://hcservices.ecourts.gov.in/hcservices/

5. The learned Additional Public Prosecutor appearing for the respondents submitted that the investigation is substantially completed.

6. The occurrence has taken place some five months ago, and the petitioner has now come forward to seek transfer of investigation when the investigation is in the final stage. Therefore, this Court does not want to interfere with the ongoing investigation. Further, this Court directs the second respondent to go through the entire process of investigation and also to ascertain the course of investigation.

7. The Deputy Superintendent of Police, Manamadurai, Sivagangai District, will now ensure that the investigation ia fairly done in this case.

8. In view of the above, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (ADI) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendant of Police, Sivagangai District.

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

3.The Sub Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

4.The Deputy Superintendant of Police, CBCID, Sivagangai District.

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

+1 CC to M/s.S.ARIVALAGAN, Advocate( SR-59329[F] dated 05/04/2019 ) TSG Order made in CRL.O.P.(MD) No.4972 of 2019 https://hcservices.ecourts.gov.in/hcservices/ Dated: 03.04.2019 KM/(07.05.2019) 3P 7C