Madras High CourtCRL OP(MD)/3791/2020closed

K.Satheeshkumar v. The Superintendent Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD] No.3791 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD] No.3791 of 2020 K.Satheeshkumar : Petitioner vs.

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

2.The Inspector of Police, Aviyoor Police Station, Virudhunagar District, Virudhunagar.

: 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 21.12.2019 pending before the second 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.Kalidas for Mr.T.Thirumurugan For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking for a direction to the first respondent to withdraw the petitioner complaint, dated 21.12.2019 pending before the second 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.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

3.Today, when the matter is taken up for hearing, the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD] No.3791 of 2020 Government Advocate (Crl. Side) would submit that the petitioner had given a complaint before the first respondent, which had been forwarded to the second respondent for enquiry in Current Paper No.G3/58415/3292/2019. She would further submit that the summons have been issued to the petitioner for appearance on 26.12.2019, 06.01.2020, 11.01.2020 and 27.02.2020. Despite service of summons on the petitioner, the petitioner has not appeared before the respondents for enquiry. She would further submit that if the petitioner appears in person, due enquiry will be conducted and after summoning the private parties appropriate action will be taken in accordance with law.

4.At this juncture, the learned counsel appearing for the petitioner would submit that a direction may be issued to the respondents to complete the enquiry within the specified period. 5.In view of the same, the Criminal Original Petition stands closed with a direction to the second respondent to complete the enquiry in Current Paper No.G3/58415/3292/2019, as expeditiously as possible, preferably, within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS- / True Copy / Sub Assistant Registrar(CS- ) To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Aviyoor Police Station, Virudhunagar District, Virudhunagar.

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

+1 CC to M/s.T.THIRUMURUGAN,Advocate,( SR-9295[F] dated 28/02/2020) Crl.O.P.[MD] No.3791 of 2020 28.02.2020 ME/SAR /18.03.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2