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Madras High CourtCRL OP(MD)/6666/2019dismissed

Srinivasan, v. The Superintendent Of Police

2019-06-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 04.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.6666 of 2019 Srinivasan ... Petitioner/1st Accused Vs.

1. The Superintendent of Police, Tirunelveli.

2. The Inspector of Police, Courtalam Police Station, Tirunelveli, (Crime No.354 of 2018)

3. The Inspector of Police, CBCID, Tirunelveli.

... Respondents/Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to change the investigation in Crime No.354 of 2018 on the file of the second respondent to the third respondent.

For Petitioner :

Mr.C.Vakeeswaran For Respondents :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.354 of 2018 on the file of the second respondent to the third respondent.

2. The grievance of the petitioner is that the petitioner is innocent and a false case has been foisted against him with an ulterior motive. Hence, the petitioner wants to transfer the investigation from the second respondent to the third respondent.

3. Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor would submit that the investigation is already over and the final report is also filed before the learned Judicial Magistrate, Senkottai and so far the same was not taken on file. https://hcservices.ecourts.gov.in/hcservices/

4. First of all, the petitioner is only an accused and he has no right to ask for transfer to the particular agency to conduct investigation. That apart, now the entire investigation is over and the final report is also filed before the learned Judicial Magistrate, Senkottai. In the circumstances, the prayer sought for by the petitioner cannot be granted. Hence, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) akv To

1. The Superintendent of Police, Tirunelveli.

2. The Inspector of Police, Courtalam Police Station, Tirunelveli, (Crime No.354 of 2018)

3. The Inspector of Police, CBCID, Tirunelveli.

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

+1CC TO MR.C.VAKEESWARAN, Advocate Sr. No. 66818 Crl.O.P.(MD)No.6666 of 2019 04.06.2019 SE(CO) TR (04.07.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/