Madras High CourtCRL OP(MD)/4029/2022dismissed

Kannan v. The Superintendent Of Police

2022-03-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4029 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4029 of 2022 Kannan

...Petitioner

Vs.

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

2. The Inspector of Police, Idol Theft Wing, Anna Stadium Rd, Kajamalai Colony, Tiruchirappalli.

3. The Inspector of Police, Swamimalai Police Station, Thanjavur District.

4. Saminathan

5. Sivaganesan

6. Boopathi

7. Naatamai Seenivasan

8. Senthil

9. Rani

10. Rasiya Begam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to directing the 3rd respondent to forward the petitioner complaint dated 15.02.2022 to the 2nd respondent for conducting an enquiry under the code of Criminal Procedure. For Petitioner : Mr. R.Murugappan For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the 3rd respondent to forward the petitioner complaint dated 15.02.2022 to the 2nd respondent for conducting an enquiry under the code of Criminal Procedure.

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Crl.O.P.(MD) No.4029 of 2022 2.The learned counsel for the petitioner would submit that the second respondent is the competent authority, however the petitioner has lodged complaint before the third respondent. Though he has lodged complaint before the third respondent, the First Information Report has not been registered till now.

3. Before registration of the First Information Report, transfer of investigation does not arise.

4. In view of the same, the Criminal Original Petition stands dismissed. However the petitioner is at liberty to file a fresh complaint before the second respondent.

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

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

2. The Inspector of Police, Idol Theft Wing, Anna Stadium Rd, Kajamalai Colony, Tiruchirappalli.

3. The Inspector of Police, Swamimalai Police Station, Thanjavur District.

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

Crl.O.P.(MD) No.4029 of 2022 02.03.2022 RK(18/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2