Lakshmanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Lakshmanan ... Petitioner Vs.

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

2.The Inspector of Police, Chinthamanipatti Police Station, Kulithalai Taluk, Karur District.

(Crime No.15 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to withdraw the case in Crime No.15 of 2024 on the file of the second respondent and transfer the same and any other competent investigating officer or agency. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) 1/4

ORDER

This criminal original petition has been filed to direct the first respondent to withdraw the case in Crime No.15 of 2024 on the file of the second respondent and transfer the same to any other competent investigating officer or agency.

2.The learned counsel appearing for the petitioner produced photographs of the injury sustained by the victim. 3.Though the injuries are serious in nature, the second respondent Police registered the case only under Sections 323 and 324 IPC. The learned Government Advocate(Crl.side) justifies the same that the second respondent Police has not received wound certificate and only based on the wound certificate, they will proceed further. 4.The occurrence was taken place on 28.01.2024. Even after five months, the second respondent Police is not in a position to identify the nature of offence, which is obvious from the photographs and they are 2/4

not proceeding with the case in accordance with law. Therefore, this criminal original petition is allowed and the first respondent is directed to withdraw the case in Cr.No.15 of 2024 and entrust the same to some other reputable Investigating Officer and shall monitor the investigation through Deputy Superintendent of Police, Karur. 04.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Chinthamanipatti Police Station, Kulithalai Taluk, Karur District.

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

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B.PUGALENDHI,J gns 04.06.2024 4/4