Madras High CourtCRL OP(MD)/7823/2015disposed of

K.Nagarajan v. The Superintendent Of Police

2015-04-24Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.7823 of 2015 K.Nagarajan ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District. ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation in Crime No.140 of 2015 on the file of the second respondent to some other agency on the basis of the petitioner's brother representation dated 08.04.2015 and pass such orders.

For Petitioner : Mr.T.Indrachithu For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the investigation in Crime No.140 of 2015 on the file of the second respondent to some other agency on the basis of the petitioner's brother's representation dated 08.04.2015.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the State.

3. The learned Counsel for the petitioner submitted that on preparing complaint, the second respondent deliberately excluded three proposed accused from the FIR since the petitioner could not give their names in view of his physical condition and hence he prays for transfer of investigation from the second respondent. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Counsel for the petitioner submitted that the statement of the petitioner has not been recorded properly and by

considering the representation of the petitioner, the second respondent has not included the name of the three proposed accused.

5. This Court is not inclined to accept the said submissions made by the petitioner. Further investigation would alone reveal as to whether the three proposed accused were involved in the offence or not. Taking note of the nature of allegation, this court directs the second respondent to look into the complaint given by the petitioner dated 08.04.2015 and to proceed the investigation. The second respondent is also directed to file a final report within a period of four weeks from the date of receipt of a copy of this order. The first respondent is directed to monitor and supervise the investigation.

6. In the result, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Sub-Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

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

+1cc to Mr.T.Indrachithu,Advocate Sr.No. 21992 pjl AA/27.05.2015/2p - 5c/ Crl.O.P.(MD)No.7823 of 2015 24.04.2015 https://hcservices.ecourts.gov.in/hcservices/