Madras High CourtCRL OP(MD)/3416/2016closed

Selvanayagam v. The Superintendent Of Police

2016-02-25Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.3416 of 2016 Selvanayagam .. Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Pudukkadai Police Station, Kanyakuamri district Crime NO.39 of 2016 .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to transfer the investigation from the second respondent in Crime NO. 39 of 2016 to any other independent competent agency.

For Petitioner :: Mr.S.Sivakumar For Respondents :: Mr.K.V.Rajarajan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed under Section 482 Cr.P.C to transfer the investigation pending on the file of the second respondent in Crime No.39 of 2016 to any other independent competent agency.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents. 3.On reading of FIR, it appears that the opposite parties had set fire the shop of the petitioner and in connection with that,the respondent police registered a case in Crime No.39 of 2016 for offence under Section 436 IPC on 21.01.2016. Thereafter the first accused was arrested on 27.01.2016 and it is the grievance of the petitioner that the police have altered the FIR from offence under Section 436 IPC to Section 435 IPC.

4. This Court gave its anxious consideration to the submissions made on either sides.

5. In this case Section 436 IPC will not be made applicable where the place used as a place of worship, as a human dwelling, as a place for custody of property, whereas the shop of the petitioner does not fall in any of the categories. Further, the learned Government Advocate submitted that the first accused was arrested and the second accused also surrendered. Therefore, the alteration report cannot be faulted. In such https://hcservices.ecourts.gov.in/hcservices/

circumstances, in the considered opinion of this Court, it is not a fit case to transfer the investigation. However, the Deputy Superintendent of Police, Colachal Sub Division is directed to monitor the investigation in Crime No. 39 of 2016 on the file of the second respondent.

6. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District. 2.The Inspector of Police, Pudukkadai Police Station, Kanyakuamri District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Deputy Superintendent of Police, Colachal Sub Division, Kaniyakumari District. +1 CC to Mr.S.Sivakumar, Advocate, SR No.10918 Crl. O.P. (MD) No.3416 of 2016 25.02.2016 CM SH/SKS-RR:10.03.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/