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Madras High CourtCRL OP(MD)/8107/2021disposed of

S. Podumani v. The Director General Of Police

2021-06-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.06.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN S.Podumani ... Petitioner Vs.

1.The Director General of Police, Dr.Radakrishnan Salai, Mylapore, Chennai-600 004.

2.The Deputy Inspector General of Police, Bye Pass Road, Mahalakshmi Nagar, Seelapadi, Dindigul District.

3.The Superintendent of Police, Office of the District Superintendent of Police, Dindigul.

4.The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent Nos.1 to 3 herein to transfer the investigation from the fourth respondent police to any other police preferably CBCID within a stipulated period of time deemed fit by this Court.

For Petitioner : Mr.C.Jeganathan For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent Nos.1 to 3 herein to transfer the investigation from the fourth respondent police to any other police preferably CBCID within a stipulated period of time deemed fit by this Court.

2. The grievance of the petitioner is that even though serious allegation has been made against the accused persons, the First Information Report has not been registered under proper provision of POCSO Act and the investigation is not being conducted in a proper manner.

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3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

4. The learned Additional Public Prosecutor would submit that based on the investigation, alteration report has also been submitted before the concerned Court on 13.05.2021 and Sections have been altered to 354, 323, 506(i) of IPC @ 354, 323, 506(i) of IPC and 4 of TNPWH Act and 11(ii) r/w 12 of POCSO Act, he has also submitted a copy of the alteration report before this Court.

5. In view of the above, nothing survives for further adjudication in this matter, since the main grievance of the petitioner is rectified. Another request made by the petitioner is that a time limit may be fixed for completing the investigation. Therefore, the respondent is directed to complete the investigation within a period of three months from today and file a final report before the concerned Magistrate.

6. With these directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Director General of Police, Dr.Radakrishnan Salai, Mylapore, Chennai-600 004.

2.The Deputy Inspector General of Police, Bye Pass Road, Mahalakshmi Nagar, Seelapadi, Dindigul District.

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3.The Superintendent of Police, Office of the District Superintendent of Police, Dindigul.

4.The Inspector of Police, Pattiveeranpatti Police Station, Pattiveeranpatti.

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

22.06.2021 ARK(CO) TR(30.06.2021) 3P 6C 3/3