Madras High CourtCRL OP(MD)/9339/2019disposed of

Thangakumar v. The Superintendent Of Police

2019-07-03Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9339 of 2019 Thangakumar : Petitioner Vs.

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

2.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

(Crime No.55 of 2019).

3.The Inspector of Police, C.B.C.I.D. Wing, Virudhunagar District.

: Respondents PRAYER : Petition is filed under Section 482 of the Criminal Procedure Code praying to transfer the investigation in Crime No.55 of 2019 from the file of the second respondent to the file of the third respondent.

For Petitioner : Mr.R.Niresh Kumar For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) ******

ORDER

This petition has been filed seeking transfer of investigation in Crime No.55 of 2019 from the file of the second respondent to the file of the third respondent.

2. The grievance of the petitioner is that the petitioner has suffered serious head injury, but, the second respondent, without registering the complaint under Section 307 of the Indian Penal Code, simply registered the complaint under Sections 147, 148, 294(b), 323, 324 and 506(ii) of the Indian Penal Code and they are not properly investigating the case. Hence, the present petition has been filed.

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3. The learned Government Advocate (Criminal side) appearing for the respondents, on instructions, submitted that now the second respondent police are conducting the investigation and also collected materials and after investigation, if it is found that any case is made out for an offence under Section 307 of the Indian Penal Code, a suitable final report will be filed for the relevant offence.

4. Considering the fact that now the complaint is pending investigation, at this stage, this Court cannot direct the police how to investigate the case and under what offence to be registered. In the above circumstances, the relief sought for by the petitioner cannot be granted. Hence, this Criminal Original Petition is dismissed. However, taking into consideration the fact that the First Information Report is pending from 01.04.2019, the second respondent is directed to complete the investigation and file a final report, within a period of two months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (AD-I) / True Copy / Sub Assistant Registrar(CS- ) SML To 1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

3.The Inspector of Police, C.B.C.I.D. Wing, Virudhunagar District.

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

Order made in CRL.O.P.(MD).No.9339 of 2019 Dated: 03.07.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/22.07.2019/2P/5C