Madras High CourtCRL OP(MD)/4069/2023disposed of

L.Gunasekaran 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 L.Gunasekaran ...Petitioner/Defacto Complainant Vs.

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

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, (Crime No.536 of 2022) 2.The Sub Inspector of Police, Thoothukudi North Police Station, Thoothukudi. ...Respondents/Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.536 of 2022 from the file of the 2nd Respondent to any other competent investigating agency.

For Petitioner : Ms. Samuel Gunasingh.P For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to transfer the investigation in Crime No.536 of 2022 from the file of the 2nd Respondent to any other competent investigating agency.

2. The allegation made by the petitioner is that the third respondent colluding with the second respondent who is Inspector of police, North Police Station, Thoothukudi, the accused person is making trouble and forcing the petitioner to settle the issue. A specific allegation is made to the effect that even in his absence, the wife of petitioner has been harassed. On that ground, he seeks transfer of the investigation.

3. The second respondent, who is the Investigation Officer is also present before this Court. The learned Additional Public Prosecutor would submit that so far five witnesses have been examined.

4. According to the petitioner the third respondent is influencing the matter. Let the above said investigation be undertaken by the second 2/4

respondent under the supervision of Deputy Superintendent of Police, Thoothukudi, and file a final report within five months from the date of receipt of copy of this order.

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

06.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

3.The Sub Inspector of Police, Thoothukudi North Police Station, Thoothukudi.

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

3/4

G.ILANGOVAN ,J.

Indu Order made in Dated: 06.03.2023 4/4