Madras High CourtCRL OP(MD)/9913/2020dismissed

Palanimurugan v. The Superintendent Of Police

2020-09-17Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9913 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9913 of 2020 Palanimurugan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent No.1 to transfer the petitioner's complaints dated 14.08.2020 and 15.08.2020, from the file of the third respondent to any other police officer other than respondent No.3 for take action in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.Erottuchamy Government Advocate (Criminal side)

O R D E R

This criminal original petition has been filed seeking a direction to direct the first respondent to transfer the petitioner's complaints dated 14.08.2020 and 15.08.2020, pending on the file of the third respondent to any other Police officer other than the third respondent for proper enquiry. 2.Today, when the petition is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents, on instructions, made a submission as in respect of the complaints given by the petitioner, the third respondent herein conducted an enquiry in C.S.R.No.141 of 2020 and the same has been closed on 09.09.2020. According to him, as of now, no enquiry is pending on the file of the third respondent.

3.Therefore, considering the said submissions made by the learned Government Advocate (Criminal side), in the absence of any enquiry, the question of transfer does not arise. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9913 of 2020 4.In view of the above, the criminal original petition stands dismissed with liberty to file a fresh representation before the first respondent.

Sd/- Assistant Registrar (ADI) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

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

Crl.O.P.[MD]No.9913 of 2020 17.09.2020 SCR(CO) KB(05.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2