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Madras High CourtCRL OP(MD)/10435/2022disposed of

N.Vignesh v. The Superintendent Of Police

2024-02-26Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI N.Vignesh ... Petitioner/Defacto complainant Vs.

1.The Superintendent of Police, Virudhunagar District.

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

Crime No.5 of 2022 3.The Inspector of Police, CBCID, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of the case in Crime No.5 of 2022 from the file of the Inspector of Police, District Crime Branch, Virudhunagar District to the file of the Inspector of Police, CBCID, Virudhunagar District.

For Petitioner : Mr.R.Anand For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R1 to R3 Mr.N.Mohideen Basha for proposed respondent 1/5

ORDER

The Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.5 of 2022 from the file of the Inspector of Police, District Crime Branch, Virudhunagar District to the file of the Inspector of Police, CBCID, Virudhunagar District. 2.The case of the petitioner is that the petitioner's wife committed suicide and at the instigation of the deceased family members and the deceased co-brother, who is working as a Sub Inspector of Police, the respondents police registered a criminal case against the petitioner for the offence under Section 302 IPC and subsequently, it was altered into Section 306 IPC. Subsequently, when the petitioner was in prison, the deceased family members looted all the belongings of the petitioner. Hence, the petitioner has filed the present petition before this Court. 3.The learned counsel for the petitioner would submit that the deceased family members have produced some of the documents. However, the valuables were not returned. However, this Court may issue a direction to the respondents police to conduct investigation and 2/5

file a charge sheet in the manner known to law and also grant permission to the petitioner to workout his remedy in the manner known to law. 4.The learned Additional Public Prosecutor would submit that this Court may issue a direction to the respondents police to conclude the investigation within a reasonable time as fixed by this Court. 5.In view of the above, the respondents police are directed to complete the investigation in Crime No.5 of 2022 and file a charge sheet before the concerned Court, within a period of six months from the date of receipt of a copy of this order. Liberty is granted to the petitioner to workout his remedy in the manner known to law. 6.With the above directions, this Criminal Original Petition is disposed of.

26.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Sji 3/5

To 1.The Superintendent of Police, Virudhunagar District.

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

Crime No.5 of 2022 3.The Inspector of Police, CBCID, Virudhunagar District.

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

4/5

M.DHANDAPANI ,J.

Sji 26.02.2024 5/5