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Madras High CourtCRL OP(MD)/7176/2023allowed

S.Arunan v. The Commissioner Of Police

2023-06-14Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.7176 of 2023 S.Arunan ... Petitioner Vs.

1.The Commissioner of Police, O/o.The Commissioner of Police, 2.The Deputy Commissioner of Police (North), O/o.The Commissioner of Police, 3.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Thallakulam, 4.The Inspector of Police, Thallakulam, ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.870 of 2022 on the file of the fourth respondent (i.e) Inspector of police, 1/6

Thallakulam Police Station to any other Investigating Officer not below the rank of Assistant Commissioner of Police within the Jurisdiction of Madurai City under the Supervision of second respondent and consequently directing the second respondent to monitor the investigation and to file final report in accordance with law. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.870 of 2022 on the file of the fourth respondent (i.e) Inspector of police, Thallakulam Police Station to any other Investigating Officer not below the rank of Assistant Commissioner of Police within the Jurisdiction of Madurai City under the Supervision of second respondent and consequently directing the second respondent to monitor the investigation and to file final report in accordance with law.

2. When the matter was taken up for hearing on 19.04.2023, the learned Additional Public Prosecutor appearing for the respondent police 2/6

submitted that the proposal has been made to transfer the investigation to CCB, Madurai. Therefore, the matter is adjourned today (i.e) on 14.06.2023.

3. Today, when the matter is taken up for hearing, the second respondent is present before this Court and he has stated that so far, the investigation has not been transferred and he wants the order of this Court for transferring the investigation.

4. In view of the above, the investigation in Crime No.870 of 2022 is withdrawn from the fourth respondent and the same is transferred to Central Crime Branch, Madurai. The fourth respondent is directed to handed over the entire files to the Central Crime Branch, Madurai, after due acknowledgment.

5. At this juncture, the learned counsel for the petitioner made a request that considering the seriousness of the offence, the investigation may be supervised by the second respondent.

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6. In view of the request made by the learned counsel for the petitioner, the second respondent is directed to monitor the investigation to be undertaken by the Central Crime Branch, Madurai. With the above directions, this Criminal Original Petition is disposed of.

14.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To 1.The Commissioner of Police, O/o.The Commissioner of Police, 2.The Deputy Commissioner of Police (North), O/o.The Commissioner of Police, 3.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Thallakulam, 4.The Inspector of Police, Thallakulam, 4/6

5.Central Crime Branch, Madurai 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

G.ILANGOVAN,J tta Order made in Crl.O.P.(MD)No.7176 of 2023 Dated: 14.06.2023 6/6