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Madras High CourtCRL OP(MD)/3715/2022disposed of

Padmanabhan v. The Superintendent Of Police

2022-02-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3715 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3715 of 2022 Padmanabhan ... Petitioner Vs

1. State Rep by The Superintendent of Police, Kanyakumari, Kanyakumari District.

2. The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

3. The Inspector of Police, District Crime Branch Kanyakumari Police Station, Kanyakumari District.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order of direction directing the transfer of investigation, pursuant to the case registered in Crime No. 20 of 2021 on the file of the 3rd respondent to some other investigating officer or to some other impartial investigation agency.

For Petitioner : Mr.K.Suthan For Respondents : Mr.R.M.Anbunithi No. 1 to 3 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to to direct the transfer of investigation, pursuant to the case registered in Crime No. 20 of 2021 on the file of the 3rd respondent to some other investigating officer or to some other impartial investigation agency.

2.The petitioner lodged complaint before the jurisdictional magistrate and the same was forwarded under Section 156(3) of Cr.P.C to the third respondent and on that direction a case has been registered in Crime No.20 of 2021 for the offences under Section 420 of IPC. Though there are incriminating materials available to make out the case for the offences under Sections 406, 120(b),506(ii), 407 of IPC the third respondent did not register the case for those offences https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3715 of 2022

3. The learned Additional Public Prosecutor would submit that the investigation is still pending.

4. In the process of investigation if any materials found to attract the offences under Sections 406, 120(b),506(ii),407 of IPC, the third respondent is directed complete the investigation and file the final report as against the accused persons before the concerned Court within a period of twelve weeks from the date of receipt of a copy of this order.

5.

This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (DR-A/C) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

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

2. The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

3. The Inspector of Police, District Crime Branch Kanyakumari Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.3715 of 2022 23.02.2022 RK(07/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2