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Madras High CourtCRL OP(MD)/3767/2020closed

A.Shanmugam v. The Superintendent Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA A.Shanmugam : Petitioner vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Palani Sub-Division, Dindigul District.

3.The Inspector of Police, Kalimanthayam Police Station, Dindigul District.

: Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the first respondent to withdraw the petitioner complaint, dated 10.12.2019, pending before the third respondent and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint, based on the petitioner's representation, dated 22.02.2020 within the time period stipulated by this Court.

For Petitioner : Mr.Mr.Kalidoss for Mr.T.Thirumurugan For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed seeking for a direction to the first respondent to withdraw the petitioner's complaint, dated 10.12.2019, pending before the third respondent and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint, based on the petitioner's representation, dated 22.02.2020, within the time period stipulated by this Court.

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2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submitted that the complaint of the petitioner, dated 10.12.2019 relates to alleged grabbing of the Punchami lands by one "Classic Nits India Company, Vagarai Village, Palani Taluk". He further submitted that the matter has been referred to the Executive Authorities, namely; the District Revenue Officer to find out whether the lands mentioned in the complaint of the petitioner are Punchami lands. Based on the outcome of the report of the District Revenue Officer, the respondents have intended to take suitable action. He further submitted that there is no slackness on the spot of the respondents for conducting investigation and that they are awaiting appropriate report from the the District Revenue Officer.

4.At this juncture, the learned counsel for the petitioner submitted that, though the petition has been filed for transfer, it would be sufficient that, a direction may be issued to the Deputy Superintendent of Police, Ottanchathram Sub-Division, Dindigul District, to monitor the enquiry, based on the complaint of the petitioner, dated 10.12.2019.

5.In view of the same, a direction is issued to the Deputy Superintendent of Police, Ottanchathram Sub-Division, Dindigul District, to monitor the enquiry done by the third respondent, pursuant to the complaint of the petitioner, dated 10.12.2019 and take steps in accordance with law.

6.Accordingly, the Criminal Original Petition stands closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 2/3

To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Palani Sub-Division, Dindigul District.

3.The Deputy Superintendent of Police, Ottanchathram Sub-Division, Dindigul District.

4.The Inspector of Police, Kalimanthayam Police Station, Dindigul District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-9294[F] dated 28/02/2020 ) 28.02.2020 SM/(07.05.2020) 3P 7C 3/3