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Madras High CourtCRL OP(MD)/3421/2016closed

G. Karuppasamy 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.Nos.3421 and 3422 of 2016 In Crl.O.P.(MD) Nos.3421 and 3422 of 2016:

G.Karuppasamy .. Petitioner in both Crl.O.Ps Vs.

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

2.The Inspector of Police, Aruppukkottai Town Police Station, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, Aruppukkottai Taluk Police Station, Aruppukkottai, Virudhunagar District.

4.The Deputy Superintendent of Police, CBCID, Virudhunagar District.

.. Respondents in both Crl.O.Ps.

Prayer : Criminal Original Petition in Crl.O.P.No.3421 of 2016 has been filed under Section 482 of the Code of Criminal Procedure praying to withdraw the investigation in Crime No.31 of 2016 pending before the third respondent police and to transfer the investigation to the fourth respondent.

Prayer: Crl.O.P(MD)No.3422 of 2016 has been filed under section 482 Cr.P.C.to withdraw the investigation in Cr.No.25/16 pending before the second respondent police and to transfer the investigation to the fourth respondent.

For Petitioner :: Mr.A.Banumathy For Respondents :: Mr.K.V.Rajarajan Government Advocate (Crl. Side) C O M M O N O R D E R The Criminal Original Petitions have been filed under Section 482 Cr.P.C to transfer the investigation in Crime Nos.25 and 31 of 2016 from the third respondent police and second respondent respectively to the fourth respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.When the matters were taken up for hearing, the learned Government Advocate (Crl.side) submitted that investigation in Crime No.25 of 2016 has been completed and final report has been filed before the learned Judicial Magistrate, Aruppukkottai on 22.01.2016. That apart, the petitioner is the accused in Crime No.31 of 2016 for offences under Sections 341, 294(b), 373 IPC and Section 3 of TNPPDL Act.

4. Taking into consideration the nature of allegations in Crime No.25 of 2016 and Crime NO.31 of 2016 and in both petitions the petitioner is arrayed as accused, this Court is of the view that these are not the fit cases to transfer the investigation. Hence, the petitions are closed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar (CO Dept.) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Aruppukkottai Town Police Station, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, Aruppukkottai Taluk Police Station, Aruppukkottai, Virudhunagar District.

4.The Deputy Superintendent of Police, CBCID, Virudhunagar District.

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

+1 CC to M/s.A.BANUMATHY, Advocate, SR No.10913 Crl. O.P. (MD) Nos.3421 and 3422 of 2016 02.02.2016 CM SH/SK-SKN:18.03.2016:2P/7C https://hcservices.ecourts.gov.in/hcservices/