Madras High CourtCRL OP(MD)/3980/2022disposed of

R.Mariappan v. The Superintendent Of Police

2022-03-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3980 of 2022 R.Mariappan

...Petitioner

Vs.

1. The Superintendent of Police Dindigul District Dindigul

2. The Deputy Superintendent of Police Oddanchathram Dindigul District

3. The Inspector of Police Kannivadi Police Station Kannivadi Dindigul District

4. J.Anandaraja

5. J.Balamurugan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondents No. 1 & 2 to transfer the investigation conducted by the 3rd respondent in CSR receipt No. 350/2021 dated 25.12.2021 to an impartial officer under the control of respondents 1 & 2 and conduct further investigation within a time frame that may be stipulated by this Hon'ble Court. For Petitioner : Mr.R.R.Kannan For Respondents : Mr.B.Thanga Aravindh No.1 to 3 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the respondents No. 1 & 2 to transfer the investigation conducted by the 3rd respondent in CSR receipt No. 350/2021 dated 25.12.2021 to an impartial officer under the control of respondents 1 & 2 and conduct further investigation.

2.It is seen that the petitioner has lodged complaint and was issued CSR No.350 of 2021. Even before registration of the First Information Report, investigation cannot be transferred, as such the complaint pending on the file of the third respondent cannot be transferred to any other agency.

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3. The learned Government Advocate(Crl.Side) would submit that on the complaint lodged by the petitioner, the third respondent conducted enquiry and the same was closed on 28.01.2022.

4. Inview of the above the petition stands dismissed. However the petitioner is at liberty to file a fresh complaint before the superior police officers.

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

1. The Superintendent of Police Dindigul District Dindigul

2. The Deputy Superintendent of Police Oddanchathram Dindigul District

3. The Inspector of Police Kannivadi Police Station Kannivadi Dindigul District

4. The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.RR KANNAN, Advocate ( SR-9325[F] dated 01/03/2022 ) ORDER MADE IN Crl.O.P.(MD) No.3980 of 2022 01.03.2022 PKP/12.03.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/