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Madras High CourtWP(MD)/5118/2022dismissed

Surya v. The State Of Tamilnadu

2024-01-31Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 31.01.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI and WMP(MD) Nos.4167 to 4169 of 2022 Surya ... Petitioner Vs

1. The State of Tamilnadu, Rep. by the Director General of Police, State of Tamil Nadu, Dr. Radhakrishnan Salai Road, Mylapore, Chennai 600 004.

2. The Deputy Inspector General Of Police (South Zone), 77, 4th Street, K.K. Nagar, Ramaond Reserve Line, Race Course Colony, Madurai 625 002.

3. The Crime Branch Crime Inves, Tigation Department (CBCID), Represented by the Superintendent of Police, Chennai..

4. The Crime Branch Crime Inves, Tigation Department (CBCID), Represented by the Deputy Superintendent of Police, Madurai..

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5. The Superintendent of Police, Virudhunagar District, Virudhunagar..

6. The Inspector of Police (CBCID), Virudhunagar District,

7. The Inspector of Police, Pandalgudi Police Station, Pandalgudi, Virudhunagar District.

(FIR in Crime No.27 of 2022).

8. Parthiban (Circle Inspector), Pandhalgudi Police Station, Pandhalgudi.

9. Muthuraj (Sub - Inspector), Pandhalgudi Police Station, Pandhalgudi.

10. Muniyasamy (Writer), Pandhalgudi Police Station, Pandhalgudi. ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, seeking for direction, directing the 1st respondent to transfer the Investigation of FIR in Crime No.27 of 2022 dated 13.03.2022 registered under section 147, 148, 294(b), 342, 324, 307 and 302 of IPC, from the file of 7th respondent to the 6th respondent, CBCID or any other independent agency officers not below the rank of Deputy Superintendent of Police 2/6

and to investigate further and file Final Report etc., within a stipulated time and further direct the 1st respondent to initiate disciplinary action against the respondents 8 to 10, on the basis of petitioners representation dated 21.03.2022.

For Petitioner : M/s.Vishnuvarthanan.P.M., For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This writ petition has been filed for a direction to the 1st respondent to transfer the Investigation of FIR in Crime No.27 of 2022 dated 13.03.2022 registered under section 147, 148, 294(b), 342, 324, 307 and 302 of IPC, from the file of 7th respondent to the 6th respondent, CBCID or any other independent agency officers not below the rank of Deputy Superintendent of Police and to investigate further and file final report etc., within a stipulated time and further direct the 1st respondent to initiate disciplinary action against the respondents 8 to 10, on the basis of petitioners representation dated 21.03.2022. 2.When the matter was taken up for hearing,the learned Additional Public Prosecutor would submit that during the pendency of the writ 3/6

petition, the respondents conducted investigation and charge sheet has also been filed in CC No.137/2022 on the file of the Special Court,

3. In view of the above, this writ petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law. Consequently connected Miscellaneous Petitions are closed. 31.01.2024 RR 4/6

TO

1. The Director General of Police, Dr. Radhakrishnan Salai Road, Mylapore, Chennai 600 004.

2. The Deputy Inspector General Of Police (South Zone), 77, 4th Street, K.K. Nagar, Ramaond Reserve Line, Race Course Colony, Madurai 625 002.

3. The Superintendent of Police, Crime Branch Crime Investigation, Department (CBCID), Chennai..

4. The Deputy Superintendent of Police, Crime Branch Crime Inves, Tigation Department (CBCID), Madurai.

5. The Superintendent of Police, Virudhunagar District, Virudhunagar..

6. The Inspector of Police (CBCID), Virudhunagar District,

7. The Inspector of Police, Pandalgudi Police Station, Pandalgudi, Virudhunagar District.

(FIR in Crime No.27 of 2022).

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M.DHANDAPANI. J RR

ORDER

IN WP(MD) No.5118 of 2022 Date : 31.01.2024 6/6