Madras High CourtCRL OP(MD)/7827/2020disposed of

V.Krishnan v. The Superintendent Of Police

2020-07-28Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.7827 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7827 of 2020 V.Krishnan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Trichy (District).

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manapparai, Trichy (District).

3.The Sub Inspector of Police, Putthanatham Police Station, Trichy (District).

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to withdraw the petitioner's complaint dated 03.07.2020 pending before the second respondent and entrust the same to any other Officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation dated 22.07.2020 by this Court. For Petitioner : Mr.P.Palaniappan For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the first respondent to withdraw the petitioner's complaint dated 03.07.2020 pending before the second respondent and entrust the same to any other Officer not below the rank of Deputy Superintendent of Police for investigation. 2.The learned counsel for the petitioner would submit that after receiving the complaint from the petitioner, the third respondent herein has not initiated any enquiry and therefore, the petitioner is in the position to file this application for the relief stated supra.

3.The learned Additional Public Protector appearing for the respondents, on instructions, would submit that the complaint given by the petitioner was received by the third respondent police and upon which he initiated an enquiry in C.S.R.No.170 of 2020 and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.7827 of 2020 same is now pending for collecting the details in respect of the allegation levelled by the petitioner.

4.The submission made by the learned Additional Public Prosecutor discloses that the complaint given by the petitioner has properly enquired by the third respondent. Hence, the question of transfer, is not necessary. However, this Court directs the third respondent to complete the enquiry before the end of August 2020. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Trichy (District).

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manapparai, Trichy (District).

3.The Sub Inspector of Police, Putthanatham Police Station, Trichy (District).

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

Crl.O.P.[MD]No.7827 of 2020 28.07.2020 SPU(07.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2