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Madras High CourtCRL OP(MD)/12416/2018disposed of

Velmurugan v. The Superintendent Of Police,

2018-08-09Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.12416 of 2018 Velmurugan

...Petitioner

Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Vellichanthai Police Station, Kanyakumari District.

...Respondents

(Crime No.48 of 2018) PRAYER: Criminal Original Petition filed under Section 407 of Cr.P.C. to direct the first respondent to withdraw Crime No.48 of 2018 from the file of the second respondent and transfer the same to some other competent officer for proper investigation. For Petitioner :Mr.C.T.Perumal For Respondents :Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.48 of 2018, on the file of the second respondent to some other Officer.

2.It is seen from the records that the matter involves a clash between two sets of persons belonging to different communities. Already, First Information Report has been registered, based on the complaint given by the petitioner in Crime No.48 of 2018, for the offences under Sections 143, 448, 294(b), 427 and 506 (ii) I.P.C.

3.The learned counsel appearing for the petitioner submits that even the de facto complainant has not been examined till date by the second respondent and out of the 20 persons indulged in violence, the names of the three persons have also been identified by the petitioner. But, however the second respondent Police has not taken any steps to investigate the case.

4.Considering the facts and circumstances of the case, this Court deems it fit to direct the second respondent to investigate the case under the supervision of the first respondent. The case shall be investigated in an independent manner under the strict supervision of the first respondent. Thereafter, final report shall be filed.

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5.With the above directions, this Criminal Original Petition stands disposed of.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Vellichanthai Police Station, Kanyakumari District.

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

+1cc to Mr.C.T.PERUMAL, Advocate, SR.No. 78000 Crl.O.P.(MD).No.12416 of 2018 09.08.2018 TSG KK/SKN/SAR-2/03.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/