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Madras High CourtCRL OP(MD)/2829/2020dismissed

P.P.Ayyanar v. The Superintendent Of Police

2022-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.2829 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.2829 of 2020 P.P.Ayyanar ... Petitioner Vs.

1. The Superintendent of Police, Railways, Crawford, Anbu Nagar, Edamalaipatti Pudur, Tiruchirapalli-620 020.

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

3. The Inspector of Police, Srivilliputhur Police Station, Virudhunagar District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation of the case in Crime No.32 of 2019 pending on the file of the third respondent police station, to any other independent agency or officer under the direct supervision of the Superintendent of Police and further to alter the offences from Section 174 Cr.P.C to appropriate penal offences within a reasonable time period to be fixed by this Court. For Petitioner : Mr.Mark.J.Jackson For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.32 of 2019 pending on the file of the third respondent police station, to any other independent agency or officer under the direct supervision of the Superintendent of Police and further to alter the offences from Section 174 Cr.P.C to appropriate penal offences.

2. The learned Government Advocate (Criminal Side) submitted that while investigating the matter, the offence has been altered under Section 306 IPC and the accused persons were arrested and remanded to judicial custody. Further, the investigation is almost https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2829 of 2020 completed. At this stage, the change of investigation would affect the entire investigation. Therefore, this Criminal Original Petition is dismissed.

3. However, the third respondent is directed to complete the investigation and file the final report in Crime No.32 of 2016 within a period of twelve weeks from the date of receipt of copy of this order.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Railways, Crawford, Anbu Nagar, Edamalaipatti Pudur, Tiruchirapalli-620 020.

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

3. The Inspector of Police, Srivilliputhur Police Station, Virudhunagar District.

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

Crl.O.P(MD)No.2829 of 2020 21.03.2022 RK(05/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2