N.K. Pandiyaraman v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.1395 of 2015 N.K.Pandiyaraman

...Petitioner

Vs.

1) The Superintendent of Police, Pudukkottai, Pudukkottai District.

2) The Deputy Superintendent of Police, Kottaipattinam,

3) The Deputy Superintendent of Police, District Crime Branch, Pudukkottai.

4) The Inspector of Police, District Crime Branch, Pudukkottai.

5) Dr.Muthu

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to nominate some independent officer of his power to enquire into the allegations in Crime No.99 of 2014, Manalmelkudi Police Station, Pudukkottai District.

For Petitioner : Mr.K.Baalasundharam For RR 1 to 4 : Mr.R.Anandaraj, Additional Public Prosecutor

O R D E R

The complainant in Crime No.99 of 2014, on the file of the Manalmelkudi Police Station, Pudukottai District has approached this Court for issuing a Writ of Mandamus as against the first respondent to nominate some other Investigation Officer to conduct the investigation in Crime No.99 of 2014.

2. The petitioner, being was not satisfied with the manner in which the investigation was proceeded, lost his confidence over the Investigating Officer and therefore, has approached this Court for transfer of investigation.

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

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 4, on instructions from the respondent police would submit that the investigation in Crime No.99 of 2014 has been completed and a final report has also been filed before the concerned Judicial Magistrate and now, the case has also been committed to the Court of Sessions and pending before the Principal District and Sessions Court, Pudukottai in S.C.No.151 of 2016. According to the learned Additional Public Prosecutor, the sessions case was also posted for trial on 27.03.2019 and he would further submit that the trial has also commenced on 27.03.2019.

4. Heard Mr.K.Baalasundharam, learned counsel for the petitioner and Mr.R.Anandaraj, learned Additional Public Prosecutor appearing for the respondents 1 to 4.

5. In view of the further developments that has taken place, wherein final report has been filed by the respondent police, any further order passed in this writ petition would affect the trial pending in S.C.No.151 of 2016.

6. Recording the submissions made by the learned Additional Public Prosecutor, this writ petition is dismissed, as no further orders is required. No costs.

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

1) The Superintendent of Police, Pudukkottai,Pudukkottai District.

2) The Deputy Superintendent of Police, Kottaipattinam.

3) The Deputy Superintendent of Police, District Crime Branch,Pudukkottai.

4) The Inspector of Police, District Crime Branch, Pudukkottai.

W.P.(MD).No.1395 of 2015 12.04.2019 CS: (11/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/