Madras High CourtCRL OP(MD)/4995/2022disposed of

Ramasamy v. The Superintendent Of Police

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.4995 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4995 of 2022 Ramasamy ... Petitioner Vs.

1. The Superintendent of Police, Sivagangai District, Sivagangai.

2. The Inspector of Police, Natchiyarpuram Police Station, Sivagangai District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent to transfer the investigation in Crime No. 12 of 2022, on the file of the second respondent herein to any other investigation agency or by appointing special officer.

For Petitioner : Mr.V.Karuna For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the investigation in Crime No. 12 of 2022, on the file of the second respondent herein to any other investigation agency or by appointing special officer.

2. The learned counsel for the petitioner would submit that though the petitioner had lodged a complaint stating the name of the accused persons, the second respondent had registered an FIR in the name of unidentified persons. He also further submitted that the petitioner belongs to SC/ST community. The second respondent failed to register the offence under Section SC/ST Act.

3. The learned Government Advocate (Criminal Side) submitted that now three persons were named in Crime No.12 of 2022 and all the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4995 of 2022 accused persons have obtained anticipatory bail and the investigation is under progress.

4. In view of the above, the second respondent is directed to complete the investigation and file the final report within a period of 12 weeks from the date of receipt of copy of this order. It is also made clear that if any offence is made out under SC/ST Act as against the accused persons, the second respondent is directed to alter the offence accordingly. The first respondent is directed to monitor the investigation done by the second respondent. Therefore, the transfer of investigation would not serve any purpose.

5. Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

1. The Superintendent of Police, Sivagangai District,Sivagangai.

2. The Inspector of Police, Natchiyarpuram Police Station, Sivagangai District.

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

+1 CC to M/s.V. KARUNA, Advocate ( SR-16641[F] dated 05/04/2022 ) Crl.O.P(MD)No.4995 of 2022 05.04.2022 TP(CO) RK(22/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2