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Madras High CourtCRL OP(MD)/3928/2022dismissed

S.Sasikumar v. The Superintendent Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3928 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3928 of 2022 S. Sasikumar

...Petitioner/Complainant

Vs.

1. The Superintendent of Police Office of the Superintendent of Police Theni District

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Periyakulam Theni District

3. The Inspector of Police Thenkarai Police Station Theni District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent herein to withdraw the petitioner's complaint dated 14.02.2022 pending before the third respondent police and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the case based on the representation dated 14.02.2022 by this Hon'ble Court.

For Petitioner : M/s.J.Vishnu For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the first respondent herein to withdraw the petitioner's complaint dated 14.02.2022 pending before the third respondent police and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the case based on the representation dated 14.02.2022.

2. Even according to the petitioner the petitioner has lodged complaint and the same is pending for enquiry and no First Information Report has been registered.

3. At this juncture, the transfer of investigation does not arise, since enquiry is still pending on the file of the third https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3928 of 2022 respondent. If the investigation is transferred now, the entire investigation will be affected.

4. In the result, the petition is dismissed as devoid of merits.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Office of the Superintendent of Police Theni District

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Periyakulam Theni District

3. The Inspector of Police Thenkarai Police Station Theni District

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

Crl.O.P.(MD) No.3928 of 2022 28.02.2022 ims(CO) GC(09.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2