P.Arunagiri Pandian v. The Superintendent Of Police

Crl.O.P.(MD)No.6177 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6177 of 2021 P.Arunagiri Pandian

...Petitioner

Vs.

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

2.The Deputy Superintendant of Police, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti East Police Station, Kovilpatti, Thoothukudi District.

(Crime No.983 of 2020)

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.983 of 2020 dated 11.11.2020 on the file of the third respondent herein to the second respondent or any other Superior Officer within the District. For Petitioner :Mr.A.Thiruvadi Kumar For Respondents :Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to transfer the investigation in Crime No.983 of 2020 dated 11.11.2020 on the file of the third respondent herein to the second respondent or any other Superior Officer within the District. 2.The main grievance of the petitioner is that inspite of specific mentioning of the name of the accused in the complaint given by him, the police is not taking any proper action against them and they are also neither included in the investigation nor arrayed as accused.

3.The learned Government Advocate (crl.side) would submit that totally six persons were enquired, out of them, one person was released on anticipatory bail and the investigation is going in proper manner. There is no question of bias or non-inclusion of real person in the crime. On that ground, he seeks further time to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6177 of 2021 conclude the investigation and file a final report. 4.Considering the facts and circumstances of the case, the question of transfer of investigation does not arise and no grievance has been expressed by the petitioner against the Investigating Officer also. In such circumstances, there shall be a direction to the third respondent to conclude the investigation within a period of three months from the date of receipt of a copy of this order and file a final report after taking into account the grievance of the petitioner expressed in this petition. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendant of Police, Kovilpatti Sub Division, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti East Police Station, Kovilpatti, Thoothukudi District.

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

Crl.O.P.[MD]No.6177 of 2021 30.04.2021 RP (27.05.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2