Madras High CourtCRL OP(MD)/8741/2021disposed of

A.Subramanian v. The Director General Of Police

2021-07-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.8741 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15/07/2021

CORAM:

THE HONOURABLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8741 of 2021 and Crl.M.P(MD)No.4852 of 2021 and 4479/2021 A.Subramanian ... Petitioner/Defacto Complainant Vs.

1. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

2. The Superintendent of Police, Tirunelveli District.

Tirunelveli

3. The Deputy Superintendent of Police, CBCID, Tirunveli.

...Respondents 1 to 3/NIL

4. The Inspector of Police, Vallioor Police Station, Vallioor, Tirunelveli District.

... 4th Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent herein to transfer the investigation in Crime No.138 of 2021 on the file of the fourth respondent from the fourth respondent to the third respondent for conducting an impartial, unbiased investigation the matters in accordance with law.

For Petitioner : Mr.R.M.Suresh For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to the first respondent herein to transfer the investigation in Crime No.138 of 2021 on the file of the fourth respondent from the fourth respondent to the third respondent for conducting an impartial and unbiased investigation in accordance with law.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor submits that based upon the complaints given by both parties, case and counter case have been registered https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.8741 of 2021 and both cases have been enquired. After completion of investigation, both cases have been referred as 'mistake of fact' and referred charge sheet notice has been served and so far the same has not been presented before the concerned court.

3. The learned counsel for the petitioner would submit that it is a case of land grabbing and at the instance of intervenor, investigation has been completed in a biased manner and till now, the charge sheet has not reached the court.

4. Since the final report is made ready and also referred charge sheet notice has also been served, nothing survives for further adjudication in this petition. However, the petitioner is at liberty to work out his remedy before the appropriate forum by filing appropriate proceedings.

5. With the above observation, this petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM To

1. The Director General of Police, Office of the Director General of Police, Beach Road,Chennai.

2. The Superintendent of Police, Tirunelveli District.

Tirunelveli

3. The Deputy Superintendent of Police, CBCID, Tirunveli.

4. The Inspector of Police, Vallioor Police Station, Vallioor,Tirunelveli District.

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

Crl.O.P.(MD)No.8741 of 2021 and Crl.M.P(MD)No.4852 of 2021 and 4479/2021 15.07.2021 RC (26.07.2021)2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2