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Madras High CourtCRL OP(MD)/3152/2021disposed of

Ravichandran v. The Superintendent Of Police

2021-06-14Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Ravichandran ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Bodinayackanur, Theni District.

3.The Inspector of Police, Devaram Police Station, Devaram, Theni District.

4.Nagaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st and 2nd respondents to withdraw the enquiry in pertaining to the summon dated 11.02.2021 on the file of the third respondent based on the complaint of the 4th respondent and transfer the same to any other Honest Police Officials in Theni District.

For Petitioner : Mr.S.Saravanakumar For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the 1st and 2nd respondents to withdraw the enquiry in pertaining to the summon dated 11.02.2021 on the file of the third respondent based on the complaint of the 4th respondent and transfer the same to any other Honest Police Officials in Theni District.

2. The case of the petitioner is that he is a practicing advocate and he has purchased a property from the fourth respondent by way of registered sale deed dated 03.04.2007. The petitioner is 1/3

also cultivating crops in his agricultural land. Few months later, the fourth respondent and his family members have entered into the subject property and demanded to re-convey the land and gave life threat to him and his family members. Therefore, the petitioner has given a complaint to the third respondent. But the third respondent has not taken any action on the complaint given by the petitioner. Therefore, the petitioner has filed a suit in O.S.No.39 of 2020 on the file of the District Munsif Court, Bodinayackanur, in which, the learned District Munsif was pleased to pass an order of temporary interim injunction in I.A.No.2 of 2020 against the fourth respondent. But, the fourth respondent have not stopped their illegal activities. Thereafter, the petitioner again made a complaint to the third respondent police against the fourth respondent and his family members which was registered in Crime No.1763 of 2020. Since the third respondent has not taken any action, the petitioner has approached this Court by way of this petition.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

4. The learned counsel appearing for the petitioner would submit that the concerned Police Officer who was the Investigating Officer in Crime No.1763 of 2020 has been transferred and the new Officer has taken charge now. Therefore, a direction may be issued to the third respondent to complete the investigation and file a final report within the time limit stipulated by this Court.

5. Since the matter has become infructuous, nothing survives for further consideration in this petition for transferring the investigation. Further, a direction is issued to the third respondent herein to complete the investigation in Crime No.1763 of 2020 within a period of four weeks from the date of receipt of a copy of this order.

6. With this direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 2/3

Note:(i) 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, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Bodinayackanur, Theni District.

3.The Inspector of Police, Devaram Police Station, Devaram, Theni District.

14.06.2021 CN(23.06.2021) 3P 4C 3/3