Madras High CourtCRL OP(MD)/6102/2021disposed of

Rajadurai v. The Superintendent Of Police

2021-04-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Rajadurai ... Petitioner Vs.

1.The Superintendant of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

(Crime No.32 of 2021) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw Crime No.32 of 2021 on the file of the second respondent and transfer the same to some other honest police official for fair investigation.

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This petition has been filed seeking a direction to withdraw the case in Crime No.32 of 2021 on the file of the second respondent and transfer the same to some other honest police official for fair investigation.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent police.

3. According to the learned counsel for the petitioner, due to dispute for the election conducted to elect Deacon to Manavilai CSI church, the petitioner lodged a complaint against the accused on 25.01.2021 before the second respondent and the same was registered in Crime No.32 of 2021. based on the complaint given by one Ebish, a case in Crime No.31 of 2021 was registered against the petitioner herein. The second respondent police is not investigating the complaint given by the petitioner and he is colluding with the 1/3

accused. Hence, the petitioner has filed the present petition with the aforesaid prayer.

4.The learned Government Advocate (crl.side) would submit that it is a case in counter and the dispute arose between the church members over the election. The investigation is under progress. He seeks further time to conclude the investigation. 5.Considering the facts and circumstances of the case, the question of transfer of investigation does not arise. However, considering the nature of the allegation that has been levelled in both the cases, there shall be a direction to the second respondent herein to conclude the investigation and file a final report before the concerned Court within a period of two months from the date of receipt of a copy of this order.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar( Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendant of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

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

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-18333[F] dated 03/05/2021 ) 29.04.2021 AS(08.06.2021)3P 5C 2/3

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