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Madras High CourtCRL OP(MD)/1680/2016closed

V.M. Jegadev v. The Superintendent Of Police

2016-02-03Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)Nos.1680 and 1567 of 2016 and Crl.M.P.(MD)No.857 and 822 of 2016 Crl.O.P.(MD)No.1680 of 2016 V.M.Jegadev ..Petitioner/3rd Accused Vs

1. The Superintendent of Police, Kanyakumari District.

.. Respondent

2. The Sub Inspector of Police, Kotticode Police Station, Kanyakumari District.

.. Respondent/Complainant 3.David Sam Arther .. Respondent/Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime NO.1/2016 on the file of the second respondent dated 01.01.2016 and to quash the same regarding the petitioner concerned.

For Petitioner : Mr.T.Arul For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor for R.1 and R.2 Crl.O.P.(MD)No.1567 of 2016 1.Shajin Raj ..1st Petitioner/1st Accused 2.Hari Prasath .. 2nd Petitioner/2nd Accused Vs

1. The Superintendent of Police, Kanyakumari District.

.. Respondent

2. The Sub Inspector of Police, Kotticode Police Station, Kanyakumari District.

.. Respondent/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation of the case in Crime No.1 of 2016 dated 01.01.2016 on the file of the second respondent police registered under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) I.P.C. to any other investigating officer.

For Petitioner : Mr.P.Velmurugan For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER When the quash application in Crl.O.P.(MD)No.1680 of 2016 was taken up for hearing, the learned Counsel appearing for the petitioner submitted that the co-accused in this case has filed Crl.O.P.(MD)No.1567 of 2016 for transfer of investigation and the third accused has filed the quash application in Crl.O.P.(MD)No.1680 of 2016. On the representation of Mr.P.Velmurugan, learned Counsel on record in Crl.O.P.(MD)No.1567 of 2016, that petition was also taken up for hearing today.

2. On a conspectus of the facts provided in this case, this Court finds that three F.I.Rs had been registered against either party viz., Cr.No.1 of 2016 on the complaint lodged by David Sam Arther, Cr.No.2 of 2016 on the complaint lodged by Jegadev; and Cr.No.4 of 2016 on the complaint lodged by Josephin Bernard and all the three cases are on the file of Kotticode Police Station. This Court finds that it is not a fit case to quash the F.I.R. in Cr.No.1 of 2016. However, this Court is of the view that it will serve the best interest of justice, if the cases in Cr.Nos.1,2 and 4 of 2016 are transferred to the file of the Deputy Superintendent of Police, Nagercoil Town. Accordingly they are transferred to the file of the Deputy Superintendent of Police, Nagercoil Town and the Deputy Superintendent of Police, Nagercoil Town is directed to conduct the investigation and take action in accordance with law.

3. With the above directions, both the Criminal Original Petitions are closed. Consequently, the connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Deputy Superintendent of Police, Nagercoil Town.

2. The Superintendent of Police, Kanyakumari District.

3. The Sub Inspector of Police, Kotticode Police Station, Kanyakumari District.

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

+ 1 CC TO MR.T.ARUL, ADVOCATE IN SR NO.6949 SSL TE/AAL-MPA/ : 15/02/2016 : 3P/6C Crl.O.P.(MD)Nos.1680 and 1567 of 2016 and Crl.M.P.(MD)No.857 and 822 of 2016 03.02.2016 https://hcservices.ecourts.gov.in/hcservices/