Madras High CourtCRL OP(MD)/7815/2020disposed of

A.Marishwari v. The Superintendent Of Police

2020-07-28Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.7815 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7815 of 2020 A.Marishwari ... Petitioner Vs.

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

2.The Inspector of Police, Thiruchuli Police Station.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation in Crime No.261 of 2020 dated 24.06.2020 on the file of the second respondent to any other investigation Officer within the first respondent jurisdiction to conduct the investigation in the manner known to law.

For Petitioner : Mr.P.Murugesan For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the first respondent to transfer the investigation in Crime No.261 of 2020 dated 24.06.2020 on the file of the second respondent to any other investigation Officer within the first respondent jurisdiction.

2.The learned counsel for the petitioner would submit that after registration of the case, the second respondent police is compelling the defacto complainant for entering into a compromise with the accused. He would further submit that though the injured was in the hospital for more than 15 days, the second respondent has not altered the section of law under Section 307 of I.P.C. Therefore, he prayed to allow this application. 3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that after registration of the case, the prosecution examined ten witnesses and recorded their statements under Section 161 Cr.P.C. He would further submit that the accused in this case were granted with https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.7815 of 2020 anticipatory bail by the learned Sessions Judge, Virudhunagar District. According to him, the wound certificate in respect to the injury sustained by the victim, was yet to be received from the Doctor, who treated the injured.

4.Now upon considering the arguments advanced by either side, as of now, the investigation is at the stage of fag-end, it cannot be said that the second respondent has not conducted the investigation properly. However, the Deputy Superintendent of Police,Thiruchuli, is directed to monitor the investigation conducted by the second respondent in Crime No.261 of 2020. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 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 Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Thiruchuli Police Station.

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

Copy to The Deputy Superintendent of Police, Thiruchuli.

Crl.O.P.[MD]No.7815 of 2020 28.07.2020 SPU (12.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2