V.Ramalingam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.287 of 2017 V.Ramalingam ... Petitioner -vs1. The Superintendent of Police Dindigul District, Dindigul.

2. The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to transfer the investigation in Crime No.775 of 2016 on the file of the 2nd respondent herein to some other agencies and ensure fair investigation in the above crime number under his monitor. For Petitioner : Mr.V.Karuna For Respondents : Mr.A.P.Balasubramani Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed to direct the 1st respondent to transfer the investigation in Crime No.775 of 2016 on the file of the 2nd respondent herein to some other agencies and ensure fair investigation in the above crime number under his monitor.

2. The Inspector of Police, Palani Town Police Station, Dindigul District has filed a counter affidavit, wherein in Paragraph Nos.3 to 5, it is stated as follows: "3. I humbly submit that, after the incident the investigation officer was immediately rushed to the occurrence spot and prepared an observation mahazar and rough sketch in proper manner and recorded the 161(3) of Cr.P.C. statements of the petitioner and other witnesses namely Thangaraj, S/o.Maruyhaiappan, Lakshmiammal, W/o.Varatharajaj, Sutharani, W/o.Ramukkanu, within the ambit of law and procedure, established in the Criminal Procedure Code.

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4. I humbly submit that, in the meantime the Accused No.1 namely Pandi and his wife namely Vani who is ranked as A2 were approached this Hon'ble Court seeking prayer of Anticipatory Bail and this Hon'ble Court granted anticipatory bail to the A1 and A2 on 15.11.2016 with certain conditions.

5. I humbly submit that, the Accused person namely Balaji who is ranked as A3, with intention to flee from arrest and evading the arrest by the way of absconding till date and the enquiry reveals that the Accused No.3 was in abroad (Abuthabi) and the investigation officer send request to the Regional Passport Office, Madurai to nab the accused for his passport details and same is pending. The investigation officer completed the investigation in proper manner and filed a final report on 12.01.2017 against the above said accused persons, before the learned Judicial Magistrate, Palani for the further progress of the case. The final report is not taken on file by the learned Judicial Magistrate, Palani and same also pending.

3. From the above, it is seen that final report has already been filed before the learned Judicial Magistrate, Palani and therefore, this petition is closed.

Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To:

1. The Judicial Magistrate, Palani.

2. -do- thro' The Chief Judicial Magistrate, Dindigul District.

3. The Superintendent of Police Dindigul District, Dindigul.

4. The Inspector of Police, Palani Town Police Station, Palani, Dindigul District.

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

+1 CC to M/s.V.KARUNA, Advocate, SR No. 14033 AR PSM/SV-MMS/27.03.2017/2P/7C Crl.O.P.(MD) No.287 of 2017 09.03.2017 https://hcservices.ecourts.gov.in/hcservices/