R.Ashok Raja v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN R.Ashok Raja ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thirupparankundram.

Madurai District.

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

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer and entrust investigation in Crime No.490 of 2022 from the file of the 2nd respondent to the third respondent and to file a final report before the jurisdiction judicial Magistrate No.VI, Madurai, within a stipulated period of time fixed by this Court.

For Petitioner : Mr.T.Palanisamy For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking to direct the first respondent to transfer and entrust investigation in Crime No.490 of 2022 from the file of the 2nd respondent to the third respondent and to file a final report before the jurisdiction judicial Magistrate No.VI, Madurai, within a stipulated period of time fixed by this Court.

2. As per the direction of this Court dated 16.03.2023, the learned Additional Public Prosecutor has produced a copy of FIR in Crime No.490 of 2022.

3. A perusal of FIR shows that this is not relating to the subject matter of this petition and it is with regard to some other offence under Section 75 of Tamil Nadu City Police Act, 1888 and the same was registered against one Muthukumar. Only on the basis of a wrong information, the present Criminal Original Petition is filed seeking a direction to transfer the investigation in Crime No.490 of 2022. According to the learned Additional Public Prosecutor, on the basis of the complaint given by the petitioner, enquiry is only pending.

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4. In view of the above, the respondent police is directed to complete the enquiry within a period of 15 days from the date of receipt of copy of this order and there is no question of transfer of investigation in the present case.

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

06.04.2023 Index : Yes/No Internet:Yes/No tta To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Thirupparankundram.

Madurai District.

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

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

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G.ILANGOVAN, J., tta 06.04.2023 4/4