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Madras High CourtCRL OP(MD)/13887/2017disposed of

Arunagiri v. The Director General Of Police

2018-11-15Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.13887 of 2017 Arunagiri .. Petitioner Vs.

1.The Director General of Police O/o.The Director General of Police, Chennai.

2.The Superintendent of police, CBCID, Guindy, Chennai.

3.The Superintendent of Police Tirunelveli District, Tirunelveli.

4.Government Railway Police(GRT) Trichy Railway Division, Trichy.

5.The Superintendent of police Virudhunagar District, Virudhunagar.

6.The Inspector of police Virudhunagar railway Police Station, Virudhunagar District.

7.The Inspector of Police Srivilliputhur Railway Police Station, Virudhunagar District.

... Respondents/ Complainants COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Cr.P.C., to change the investigation to the second respondent or any other competent authority from the sixth respondent in Crime No.31 of 2013 filed u/s. 174 of Cr.P.C. and to investigate the same.

For Petitioner : Mr.P.T.Thiraviam For Respondents : Mr.A.Robinson Government Advocate (criminal side)

ORDER

This petition has been filed seeking to transfer the investigation in Crime No.31 of 2013 pending on the file second respondent to any other competent authority.

2.Heard learned Counsel for the petitioner and learned Government Advocate (criminal side) for the official respondent. 3.The learned counsel for the petitioner would submit that though this petition has been filed to transfer the investigation, it is seen from the status report that the respondent police have closed the case as Suicide and had filed the final report before the Tahsildar, Thenkasi. He would further submit that as per the decision of this Court reported in (2018) 3 MLN (Criminal) 143, the respondents have to file the final report only before the concerned Judicial Magistrate and he would also submit that the direction may be issued to the seventh respondent, to take back the final report from the Tahsildar and file it before the Judicial Magistrate No.I, Srivilliputhur, so as to enable the petitioner to take steps in accordance with law.

4.Taking into consideration the submission made by the learned counsel for the petitioner, this Court directs the seventh respondent to take back the final report from the file of the Tahsildar and file it before the learned Judicial Magistrate No.I, Srivilliputhur and the learned Judicial Magistrate No.I, Kovilpatti, is directed to take the final report on file and issue summons to the defacto complainant within a period of two months from the date of receipt of a copy of this order. If the petitioner has any grievance, he is entitled to proceed in accordance with law. 5.With these observations, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.I, Srivilliputhur.

2.The Chief Judicial Magistrate, Virudhunagar,(for Information) 3.The Judicial Magistrate No.I, Kovilpatti.

4.The Chief Judicial Magistrate, Tirunelveli( for Information) 5.The Director General of Police O/o.The Director General of Police, Chennai.

6.The Superintendent of police, CBCID, Guindy, Chennai.

7.The Superintendent of Police Tirunelveli District, Tirunelveli.

8.Government Railway Police(GRT) Trichy Railway Division, Trichy.

9.The Superintendent of police, Virudhunagar District, Virudhunagar.

10.The Inspector of police Virudhunagar railway Police Station, Virudhunagar District.

11.The Inspector of Police Srivilliputhur Railway Police Station, Virudhunagar District.

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

+1CC to Mr.P.T.Thiraviam, Advocate, SR.No.95575 Crl.O.P.(MD).No.13887 of 2017 15.11.2018 LS ES/SKN/RSK/SAR 3/19.12.2018/3P/14C