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Madras High CourtCRL OP(MD)/6753/2020disposed of

B.Premkumar v. The Inspector General Of Police

2020-06-26Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P(MD)No.6753 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.6753 of 2020 B.Premkumar

...Petitioner/Defacto Complainant

Vs 1.The Inspector General of Police, Madurai Zone, Madurai.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Assistant Superintendent of Police, Assistant Superintendent Camp Office, Virudhunagar.

4.The Inspector of Police, East Police Station, Virudhunagar.

(In Crime No.479 of 2020) ... Respondents / Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, praying to issue a direction to the second respondent to transfer the investigation of Crime No.479 of 2020 from the fourth respondent to the third respondent and direct him to complete the investigation as expeditiously as possible and file a charge sheet before the appropriate Jurisdictional Magistrate within a time stipulated by this Hon'ble Court.

For Petitioner : Mr.A.Balaji For R1 to R4 : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioner has filed this petition seeking for a direction to the second respondent to transfer the investigation of the case in Crime No.479 of 2020 from the fourth respondent to the third respondent and to complete the investigation as expeditiously as possible and file a charge sheet before the concerned Judicial Magistrate within a stipulated time.

2.The grievance of the petitioner is that though he sustained grievous injury in the alleged occurrence, the case was registered only for the offence under Sections 341, 324 and 506 (ii) of I.P.C. 3.According to the learned counsel for the petitioner, the petitioner was brutally attacked and he was admitted in the Hospital and he suffered fracture on both of his legs and hands. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.6753 of 2020 4.The learned Additional Public Prosecutor on instructions submitted that the occurrence itself was taken place only on 13.06.2020 and based on the complaint, the Police has arrested six accused so far and the investigation is in crucial stage and therefore any transfer of investigation will definitely affect the investigation of the case.

5.Considering the seriousness of the allegation, this Court deems it fit to issue a direction that the third respondent / Assistant Superintendent of Police, Virudhunagar shall monitor the investigation of the case in Crime No.479 of 2020, on the file of the Inspector of Police, East Police Station, Virudhunagar and the petitioner is also at liberty to produce the materials if any to the Investigating Officer to assist him in the course of investigation. 6.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) TSG/PM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector General of Police, Madurai Zone, Madurai.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Assistant Superintendent of Police, Assistant Superintendent Camp Office, Virudhunagar. 4.The Inspector of Police, East Police Station, Virudhunagar.

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

Crl.O.P(MD)No.6753 of 2020 KB(09.07.2020) 2P 6C 26.06.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2