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Madras High CourtCRL OP(MD)/6717/2022disposed of

K.P. Muthiah v. The Superintendent Of Police

2022-04-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6717 of 2022 K.P.Muthiah

...Petitioner

Vs.

1. The Superintendent of Police, Theni, Theni District.

2. The Deputy Superintendent of Police, Uthamapalayam, Uthamapalayam Taluk, Theni District.

3. The Inspector of Police, Uthamapalayam Taluk Police Station,

4. The Sub Inspector of Police, Uthamapalayam Taluk Police Station, Uthamapalayam Taluk, Theni District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation from the 4th respondent to the 1st respondent in C.S.R.No. 534 of 2021 on the file of the 4th respondent and consequently direct the 1st respondent to investigate the complaint based on the petitioner's representations dated 07.11.2021, 08.11.2021, 01.12.2021, 15.12.2021 and 28.03.2022, by appointing any officer not below the rank of Deputy Superintendent of Police under the control.

For Petitioner : Mr.S.P.Srinivasan For Respondents : Mr.R.M.Anbunithi No.1 to 4 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to transfer the investigation from the 4th respondent to the 1st respondent in C.S.R.No. 534 of 2021 on the file of the 4th respondent and consequently direct the 1st respondent to investigate the complaint based on the petitioner's representations dated 07.11.2021, 08.11.2021, 01.12.2021, 15.12.2021 and 28.03.2022, by appointing any officer not below the rank of Deputy Superintendent of Police under the control.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

2. Only after registration of the First Information Report, investigation arise, as such transfer of complaint cannot be ordered.

3. The learned Additional Public Prosecutor would submit that on receipt of complaints given by the petitioner, the third respondent conducted enquiry and the same was closed.

4. Recording the same, the petition stands dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police, Theni, Theni District.

2. The Deputy Superintendent of Police, Uthamapalayam, Uthamapalayam Taluk, Theni District.

3. The Inspector of Police, Uthamapalayam Taluk Police Station,

4. The Sub Inspector of Police, Uthamapalayam Taluk Police Station, Uthamapalayam Taluk, Theni District.

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

+1 CC to M/s.S.P. SRINIVASAN, Advocate ( SR-17685[F] dated 11/04/2022 ) Crl.O.P.(MD) No.6717 of 2022 11.04.2022 SB(CO) KB(22.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2