Madras High CourtCRL OP(MD)/4681/2021disposed of

Suman v. The Superintendent Of Police

2021-06-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Suman ... Petitioner/Defacto Complainant Vs.

1.The Superintendant of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

3.The Inspector of Police, CBCID, Tirunelveli District.

... Respondents/Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.34 of 2021 on the file of the 2nd respondent to the 3rd respondent. For Petitioner : Mr.C.Susikumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed seeking transfer of Investigation in Crime No.34 of 2021 on the file of the second respondent to the file of the third respondent herein.

2. The case of the petitioner is that he is the defacto complainant in Crime No.34 of 2021. First Information Report was registered against seven persons under Sections 147, 294(b), 323, 355, 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and because of the murder attack made by the accused persons, he was in Hospital for 20 days for the period from 16.01.2021 to 06.02.2021. Wound Certificate also shows that it is a grievous injury. He has also produced the photographs. So, according to him, the offence under 1/3

Section 307 IPC is clearly made out. However, investigation is not taken up on this ground.

3. The learned Additional Public Prosecutor would submit that case has been altered to Sections 147, 341, 294(b), 325, 335, 307 and 506(ii) of IPC r/w Section 34 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

4. Since the grievance of the petitioner has been rectified, nothing survives for adjudication or for direction. Considering the nature of the allegations, three months time is granted for the second respondent Police to complete the investigation and file final report before the concerned Court.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendant of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

3.The Inspector of Police, CBCID, Tirunelveli District.

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

28.06.2021 AS(06.07.2021) 3P 5C 3/3