Kannuchamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2018

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.12043 of 2018 Kannuchamy ... Petitioner Vs 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, District Crime Branch, Thanjavur.

(Crime No.7/2018) 3.The Inspector of Police, CBCID., Thanjavur.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first respondent to transfer the investigation in Crime No.7 of 2018, dated 03.06.2018 on the file of the second respondent to the third respondent. For Petitioner : Mr.K.Anbarasan For Respondents : Mr.K.Suyambulingabharathi Government Advocate (Crl.side)

ORDER

This petition is filed to direct the first respondent to transfer the investigation in Crime No.7 of 2018, dated 03.06.2018 on the file of the second respondent to the third respondent. 2.According to the prosecution, this Court has already passed an order in Crl.O.P.(MD)No.11256 of 2018, dated 06.07.2018, directing the respondent therein to complete the investigation in Crime No.7 of 2018 and to file a final report before the concerned jurisdiction Court, within a period of six weeks from the date of receipt of a copy of order. Now, the petitioner has filed the present criminal original petition seeking to transfer the investigation to some other investigating agency. Hence, the aforesaid criminal original petition is not maintainable. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner would submit that since the petitioner has not raised any objection for the investigation done by the second respondent, this Court, by accepting the request of the petitioner, passed an order in Crl.O.P.(MD)No.11256 of 2018, dated 06.07.2018. He further submitted that since the second respondent did not properly investigate the complaint, the petitioner is before this Court. 4.Earlier, the petitioner filed Crl.O.P.(MD)No.11256 of 2018 seeking to complete the investigation, wherein, this Court also passed an order, directing the respondent to complete the investigation. Thereafter, the petitioner has come up with this petition seeking to transfer investigation raising a different plea. Therefore, this Court is not inclined to entertain the petition. Hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, District Crime Branch, Thanjavur.

3.The Inspector of Police, CBCID., Thanjavur.

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

CRL.O.P.(MD)No.12043 of 2018 17.07.2018 RMI ES/SV/SAR 3/14.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/