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Madras High CourtCRL OP(MD)/5704/2023disposed of

M.Radhai v. The Superintendent Of Police

2023-03-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN M.Radhai ... Petitioner / De-facto Complainant Vs.

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

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

... Respondents / Complainants PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st Respondent herein to transfer the enquiry in petition dated 06.03.2023 given by the petitioner from second respondent to some other police station. For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl Side) 1/4

ORDER

This petition is filed seeking direction to the 1st Respondent herein to transfer the enquiry in petition dated 06.03.2023 given by the petitioner from second respondent to some other police station.

2. The grievances of the petitioner is that on 12.12.2022 at about 11.30 a.m the accused persons trespassed into the petitioner's house and damage the fencing stone along with steel wire. Thereafter, the petitioner lodged a complaint to the second respondent police. The respondent police has not taken any action, therefore this petition is filed seeking transfer of investigation.

3. The learned Government Advocate(Crl. Side) appearing for the respondent police submitted that based upon the complaint given by the petitioner, the enquiry was undertaken and during the course of enquiry, counter parties appeared before the enquiry officer and it is stated that with regard to the civil dispute a suit is pending between the parties. He further submitted that they have not produced any particulars with regard to the civil suit.

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4. In view of the above submission, the second respondent is directed to enquire the petitioner's complaint dated 06.03.2023 and to dispose of the same within a period of 15 days from the date of receipt of a copy of this order. Depending upon the outcome of the enquiry, the petitioner shall workout his remedy through the appropriate proceedings. With the above directions, this Criminal Original Petition is disposed of.

28.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

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G.ILANGOVAN,J tta Order made in Dated : 28.03.2023 4/4