J.Jayaseelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).Nos.23039 of 2014 and 4465 of 2015 and M.P.(MD).No.1 of 2014 in Crl.O.P.(MD).No.23039 of 2014 Crl.O.P.(MD).No.23039 of 2014 1.J.Jeyaseelan 2.A.Vijayakumar 3.S.Johnson .. Petitioners/Accused Nos.1 to 3 Vs.

1.State represented by The Inspector of Police, (Crime No.504 of 2014) .. 1st Respondent/Complainant 2.R.Anbalagan .. 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in Cr.No.504/2014 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.C.Vakeeswaran For Respondent No.1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side) For Respondent No.2 : Mr.A.Thiruvadi Kumar.

Crl.O.P.(MD).No.4465 of 2015 R.Anbalagan .. Petitioner/Complainant Vs.

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

2.The Inspector of Police, (Crime No.504 of 2014) .. Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent herein to transfer the investigation in Crime No.504 of 2014 on the file of the Inspector of Police, Kodaikanal Police Station, Dindigul District to any other superior officer within the District on the basis of the Petitioner Representation dated 12.02.2015.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

Crl.O.P.(MD).No.23039 of 2014 is filed to call for the records relating to the case in Cr.No.504/2014 on the file of the 1st respondent and quash the same.

Crl.O.P.(MD).No.4465 of 2015 is filed to direct the 1st respondent herein to transfer the investigation in Crime No.504 of 2014 on the file of the Inspector of Police, Kodaikanal Police Station, Dindigul District to any other superior officer within the District on the basis of the Petitioner Representation dated 12.02.2015.

2.The learned Government Advocate (Crl. Side) would submit that after completion of investigation, charge sheet has been filed and the same was taken on file by the Judicial Magistrate, Kodaikanal and trial has also been commenced. Therefore, at this stage, this Court cannot entertain these petitions. 3.Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate, Kodaikanal.

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

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

Crl.O.P.(MD).Nos.23039 of 2014 and 4465 of 2015 03.10.2018 tm RAM-KK/RSK/SAR 3/12.12.2018/3P/5C