Madras High CourtCRL OP(MD)/5611/2022dismissed

S.Ponsaravanan v. The Inspector Of Police

2022-03-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5611 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5611 of 2022 S.Ponsaravanan ... Petitioner Vs.

1.The Inspector of Police, District Crime Branch, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, East Police Station, Sivakasi, Virudhunagar District.

FIR NO.176 of 2017.

3.M.Murugan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation of the FIR No.176/2017, dated 22/02/2017, on the file of the 2nd respondent to the 1st respondent. For Petitioner : Mr.R.Murugappan For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to transfer the investigation of the FIR No.176 of 2017, dated 22/02/2017, on the file of the 2nd respondent to the 1st respondent.

2. It is brought to the notice of this Court by the learned Additional Public Prosecutor that the petitioner has already filed a petition in Crl.O.P(MD) No.3035 of 2022 to complete the investigation and file the final report and this Court by an order dated 10.02.2022 had directed the second respondent to complete the investigation and filed a final report within four weeks from the date of receipt of a copy of that order. Accordinlgy the second respondent completed investigation and filed final report on 28.02.2022 before the learned Judicial Magistrate No.II, Sivakasi. Even thereafter the petitioner suppressing the above has filed the present petition for transfer of investigation, which is clear abuse of process of law.

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Crl.O.P.(MD) No.5611 of 2022

3. In the result, the Criminal Original Petition is dismissed as devoid of merits. However the petitioner is at liberty to file a protest petition in the manner known to law.

Sd/- Assistant Registrar(writs) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) aav To 1 The Judicial Magistrate No.II, Sivakasi.

2.The Inspector of Police, District Crime Branch, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, East Police Station, Sivakasi, Virudhunagar District.

4. The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to Mr.R.MURUGAPPAN, Advocate ( SR-15150[F] dated 29/03/2022 ) Crl.O.P.(MD) No.5611 of 2022 28.03.2022 MK/05.04.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2