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Madras High CourtCRL OP(MD)/4559/2024disposed of

Maharajan v. The Superintendent Of Police

2024-04-02Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.4559 of 2024 Maharajan, ... Petitioner Vs

1. The Superintendent of Police, Sivagangai District.

Sivagangai.

2. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai.

In Crime No.69/2024.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first respondent to withdraw and transfer the investigation of the case in Crime No.69/2024 on the file of the second respondent to some other competent investigation officer, other than the Second respondent and complete the investigation by altering to appropriate provisions of law under the direct supervision of the first respondent within a stipulated period as may be fixed by this Court. 1/5

For Petitioner : Mr.A.Mohan For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

O R D E R

The petitioner is the defacto complainant in Crime No.69 of 2024. He approached this Court for transfer of investigation that the respondent police has not registered the case as against the other accused involved in this case.

2.The learned Government Advocate (Crl.Side) submits that the case in Crime No.69 of 2024 was registered only on 27.02.2024 and the investigation agency has not even collected the material facts. He further submits that depending on the material facts to be collected, a final report would be filed.

3.This Court considered the rival submissions made. 2/5

4.The case was registered only on 27.02.2024. It is in the initial stage. At this stage, the petitioner need not draw inference as against the respondent police. The process of investigation itself is to find out the real truth. The petitioner shall place all the materials in his support before the investigation agency on 15.04.2024. The respondent police shall conduct the investigation in a fair manner and take a decision independently. 5.With the above direction, this criminal original petition is disposed of.

02.04.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Superintendent of Police, Sivagangai District.

Sivagangai.

2. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai.

3/5

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

4/5

B.PUGALENDHI , J.

LR CRL.O.P (MD) No.4559 of 2024 02.04.2024 5/5