Madras High CourtCRL OP(MD)/3432/2016closed

Manoharan v. The Superintendent Of Police

2016-03-28Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3432 of 2016 Manoharan ... Petitioner vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District.

... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C., to direct the respondent No.1 to transfer the investigation relating to the case in Crime No.179 of 2015 on the file of the respondent No.2 to any other police officer for completing investigation in the said case in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.V.Rajarajan Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the respondent No.1 to transfer the investigation relating to the case in Crime No.179 of 2015 on the file of the respondent No.2 to any other police officer for completing investigation in the said case in accordance with law within the time stipulated by this Court.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. Today the respondent police has filed a counter affidavit wherein in paragraph No.4, it is stated as follows: "4. It is submitted that it false to allege that this respondent herein failed to enquire the petitioner and other witnesses were not enquired. It is submitted https://hcservices.ecourts.gov.in/hcservices/

that totally statements of 16 witnesses were recorded including the names of the witnesses submitted by the petitioner herein and after a detailed enquiry the complaint has been closed as Mistake of Facts on 26.06.2015 and R.C. Notice was also sent to the petitioner by registered post on 01.10.2015 and the petitioner had received the same."

4. In view of the above, this Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District. 2.The Inspector of Police, Karaikudi South Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+one cc to Mr.R.Alagumani, Advocate in SR.No.17394 Ssl CSL/SKS-RR/01.04.2016 :2P/5C Crl.O.P.(MD) No.3432 of 2016 28.03.2016 https://hcservices.ecourts.gov.in/hcservices/