Madras High CourtCRL OP(MD)/4086/2023disposed of

Vellankanni v. The Superintendent Of Police

2023-03-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Vellankanni

...Petitioner/Defacto

Complainant Vs.

1.State, represented by The Superintendent of Police, Tenkasi District.

2.State, represented by The Deputy Superintendent of Police, Puliangudi Sub Division, Tenkasi District.

3.State, represented by The Deputy Superintendent of Police, Sankarankoil Sub Division, Tenkasi District.

4.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

(Crime No.37/2023)

...Respondents/Complainants

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st Respondent to transfer the investigation of the case in Crime No.37 of 2023 on the file of the 4th 1/4

Respondent (investigated by the 2nd Respondent) to the 3rd respondent. For Petitioner : Mr.V.Kathirvelu, Senior Counsel, for Mr.Prabhu.K For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the 1st Respondent to transfer the investigation of the case in Crime No.37 of 2023 on the file of the 4th Respondent (investigated by the 2nd Respondent) to the 3rd respondent.

2. Now the grievance of the petitioner is that the accused is having bad antecedents, involving several previous cases. So far, no action has been taken by the respondents to conduct the investigation in a proper manner.

3. The entire CD file has been produced and on going through the CD file, it is seen that the petitioner also appeared before the Deputy Superintendent of Police. So far nine witnesses have been examined and the wound certificate of the petitioner has been collected. Still, if the 2/4

petitioner is aggrieved by the above said investigation, which has been undertaken by the second respondent, let the petitioner appear before the second respondent again and second respondent may also record the further statement of the petitioner. If anything is found in the further statement over facts, it is to be proceeded further.

4. Let the above said investigation be supervised by the first respondent herein. Let the above said investigation be completed and file final report before the concerned trial Court within three months from the date of receipt of copy of this order.

5. With the above said liberty and direction, this Criminal Original Petition stands disposed of.

06.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To 1.The Superintendent of Police, Tenkasi District.

2.The Deputy Superintendent of Police, Puliangudi Sub Division, Tenkasi District.

3.The Deputy Superintendent of Police, Sankarankoil Sub Division, Tenkasi District.

4.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

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

Order made in Dated: 06.03.2023 4/4