Madras High CourtCRL OP(MD)/5959/2019disposed of

Wilson v. The Superintendent Of Police

2019-10-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5959 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.5959 of 2019 Wilson

...Petitioner/Defacto Complainant

-Vs1.The Superintendent of Police Kanyakumari District at Nagercoil 2.The Inspector of Police Pudukkadai Police Station, Kanyakumari District Cr.No.62/2019 3.The Inspector of Police CBCID, Nagercoil, Kanyakumari District.

... Respondents/Complainants Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the FIR in Cr.No.62/2019 from the 2nd respondent to 3rd respondent for fair and proper investigation.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Criminal Original Petition has been filed to transfer the FIR in Crime No.62 of 2019 from the 2nd respondent to the 3rd respondent for fair and proper investigation. 2.The learned Government Advocate (Crl.Side) would submit that on the complaint lodged by the petitioner, a case has been registered in Crime No.62 of 2019 as against the counter party. He would also submit that on the complaint lodged by the counter party a counter case has been registered in crime No.63 of 2019 as against the petitioner herein, now, the investigation is under progress. If the case has been transferred, it would affect the entire investigation.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5959 of 2019 4.It is seen that on the complaint lodged by the petitioner as well as the counter party, case and counter case were registered as against the petitioner as well as the defacto complainant and the investigation is going on in a proper manner, at this stage, the prayer sought for by the petitioner cannot be granted. Therefore, the second respondent is directed to follow up the procedure laid down under Rule 588-A of the Police Standing Order and complete the investigation and file the final report within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Superintendent of Police Kanyakumari District at Nagercoil 2.The Inspector of Police Pudukkadai Police Station, Kanyakumari District 3.The Inspector of Police CBCID, Nagercoil, Kanyakumari District.

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

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-92889[F] dated 18/10/2019 ) Crl.O.P.(MD)No.5959 of 2019 18.10.2019 KM/(04.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2