Madras High CourtCRL OP(MD)/8432/2024disposed of

Udhayakumar v. The Superintendent Of Police

2024-06-11Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Udhayakumar ... Petitioner/Defacto complainant Vs.

1. State rep. By The Superintendent of Police Theni District, Theni.

2. The Inspector of Police Thenkarai Police Station, Theni District, Theni.

3. The Inspector of Police CBCID, Theni District, Theni.

... Respondents/ Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the transfer of investigation of the F.I.R in Crime No.380 of 2023 dated 20.09.2023 on the file of the second respondent to the file of the third respondent or any other competent investigation agency on the basis of the petitioner's representation dated 02.04.2024. For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner, who is the dfacto complainant in Crime No.380 of 2023, has filed this Petition for transfer of investigation from the file of the 2nd respondent to the 3rd respondent.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) submits that the investigation was also completed in the month of October 2023 itself and R.C.S notice was also served on the petitioner on 09.10.2023. R.C.S notice along with the petitioner's signature is also produced before this Court. Having received the R.C.S. notice, the petitioner instead of filing a protest petition, before the concerned Judicial Magistrate, he has approached this Court.

3. In view of the above, this Criminal Original Petition is disposed of with liberty to the petitioner to approach the concerned Judicial Magistrate and file a protest petition within a period of two weeks from the date of receipt of copy of this order.

Index : Yes/No 11.06.2024 NCC : Yes/No Internet :Yes LS 2/4

To The Superintendent of Police Theni District, Theni.

2. The Inspector of Police Thenkarai Police Station, Theni District, Theni.

3. The Inspector of Police CBCID, Theni District, Theni.

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

3/4

B.PUGALENDHI,J.

LS Order made in 11.06.2024 4/4