Madras High CourtCRL OP(MD)/5752/2022dismissed

Sudhakar v. The Superintendent Of Police

2022-03-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5752 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5752 of 2022 Sudhakar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Thirukkattupalli Division, Thanjavur District.

3.The Inspector of Police, Thirukkattupalli Police Station, Thanjavur District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 1st respondent to transfer the investigation pending on the file of the 3rd respondent to any other competent officer by considering the representation of the petitioner dated 09.02.2022.

For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the first respondent to transfer the investigation pending on the file of the third respondent to any other competent officer.

2. The learned Additional Public Prosecutor appearing for the respondents submitted that on the complaint lodged by the petitioner dated 09.02.2022, the third respondent registered a case in Crime No.138 of 2022 for the offences under Section 379 of IPC and the investigation is under progress.

3. At this stage, the transfer of investigation in Crime No.138 of 2022 cannot be considered, since only on the complaint lodged by https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5752 of 2022 the petitioner dated 09.02.2022, the third respondent registered the case in Crime No.138 of 2022.

4. Accordingly, this Criminal Original Petition is dismissed. However, the third respondent is directed to complete the investigation in Crime No.138 of 2022 and file a final report. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Superintendent of Police, Thanjavur, Thanjavur District.

2.The Deputy Superintendent of Police, Thirukkattupalli Division, Thanjavur District.

3.The Inspector of Police, Thirukkattupalli Police Station, Thanjavur District.

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

Crl.O.P(MD).No.5752 of 2022 29.03.2022 SAR(CO) KB(26.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2