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Madras High CourtCRL OP(MD)/7055/2022dismissed

V.Jeyapandi v. The Deputy Superintendent Of Police

2022-04-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7055 of 2022 V.Jeyapandi

...Petitioner

Vs.

1. The Deputy Superintendent of Police Samayanallur, Madurai District, Madurai

2. The Inspector of Police Sholavandhan Police Station Madurai District

3. The Inspector of Police District Crime Branch Sivagangai, Sivagangai District

4. Sivabalan Inspector of Police Sholavanthan Police Station Madurai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to transfer the complaints pending investigation on the file of the 2nd respondent to the 3rd respondent or any other investigating agencies, more particularly the competent Inspector of Police, District Crime Branch, Sivagangai and investigate the same in accordance with law by considering my representation dated 23.03.2022.

For Petitioner : Mr.Baskar Mathuram for Mathuram Law Associates For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to issue a direction to direct the 1st respondent to transfer the complaints pending investigation on the file of the 2nd respondent to the 3rd respondent or any other investigating agencies, more particularly the competent Inspector of Police, District Crime Branch

2. The petitioner has lodged complaint before the second respondent and the same is pending even without registering any First Information Report.

3. The learned counsel for the petitioner would submit that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

second respondent colluded with the petitioner and failed to register any First Information Report.

4. The learned Additional Public Prosecutor would submit that already on the complaint lodged by one of the depositor, the third respondent registered a case and it is pending for investigation for the very same set of allegations as against the accused person.

5. Even before registration of any First Information Report, transfer of investigation does not arise on the complaint lodged by the petitioner.

6. Hence, the petition stands dismissed. However the petitioner is at liberty to lodge the fresh complaint before the third respondent, if so, advised.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Deputy Superintendent of Police Samayanallur, Madurai District, Madurai

2. The Inspector of Police Sholavandhan Police Station Madurai District

3. The Inspector of Police District Crime Branch Sivagangai, Sivagangai District

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

+1 CC to M/s.MATHURAM LAW ASSOCIATES, Advocate ( SR-19072[F] dated 18/04/2022 ) Crl.O.P.(MD) No.7055 of 2022 18.04.2022 VR(CO) KB(27.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2