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Madras High CourtCRL OP(MD)/9864/2020dismissed

B.Vellaisami v. The Superintendent Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.B.Vellaisami ... Petitioners Vs 1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Inspector of Police, The Land Grab Cell, 3.The Sub-Inspector of Police, Elanjamunoor Police Station, Elanjamunoor Post, Muthukulathur Taluk, 4.L.Thangavel 5.O.Pandi 6.M.Karungammal 7.G.Kanahaambaram 8.R.Valarmathi 9.O.Balakrishnan 10.S.Jeyamalar

...Respondents

PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C. to pass order by directing the 1st respondent to pass suitable order for change of investigation of the petitioner's complaint dated 15.06.2019 from the file of the 3rd respondent to the 2nd respondent or some other agency, within the period as stipulated by this Court.

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For Petitioners : Mr.A.Haja Mohideen For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side).

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to pass suitable order for change of investigation of the petitioner's complaint dated 15.06.2019 from the file of the 3rd respondent to the 2nd respondent or some other agency, within the period as stipulated by this Court.

2.The learned Government Advocate (Crl.Side) would submit that on the complaint lodged by the petitioner, enquiry was conducted by the respondent police and closed on 10.11.2021 and no FIR has been registered.

3.Even before registration of FIR, transfer of investigation does not arise. Therefore, this petition is devoid of merits and this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(AE) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) PNM Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO 1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Inspector of Police, The Land Grab Cell, 2/3

3.The Sub-Inspector of Police, Elanjamunoor Police Station, Elanjamunoor Post, Muthukulathur Taluk, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date : 18/03/2022 SA/28.03.2022/3P/5C 3/3