Madras High CourtCRL OP(MD)/3011/2016disposed of

Ponnumuthu v. The Superintendent Of Police

2016-03-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3011 of 2016 & Crl.M.P.(MD).No.1485 of 2016 Ponnumuthu ... Petitioner / Complainant vs.

1.The State of Tamil Nadu, Rep. by the Superintendent of Police, Kanyakumari District, Nagercoil.

2.The State of Tamilnadu, Rep. by the Sub Inspector of Police, Thuckalay Police Station, Kanyakumari District.

... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C., to direct the 1st respondent to withdraw the case in Crime No.872 of 2015 on the file of the 2nd respondent and transfer the case to any other agency which is competent to deal with the amtter.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Ms.S.Prabha, Government Advocate(Crl.Side)

O R D E R

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, seeking a direction to the 1st respondent to withdraw the case in Crime No.872 of 2015 on the file of the 2nd respondent and transfer the case to any other agency which is competent to deal with the matter.

2. It is seen that on the complaint lodged by the petitioner, respondent police has registered a case in Cr.No.872 of 2015 under Sections 342, 294(b) and 506(ii) IPC. The defacto complainant has not satisfied with the investigation and therefore, seeks transfer of investigation.

3. Taking into consideration the nature of the allegations in the First Information Report, this is not a fit case to transfer the case to any other agency. However, the Inspector of Police, Thuckalay Police Station, Kanyakumari District, is directed to monitor the investigation in Cr.No.872 of 2015 and take action in accordance with law. The criminal original petition is disposed of with the above direction. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Sub Inspector of Police, Thuckalay Police Station, Kanyakumari District. 3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.C.K.M.APPAJI, Advocate, SR No.13995 Crl.O.P.(MD) No.3011 of 2016 09.03.2016 jikr SH/SK-SKN:29.03.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/