G.Durairaj v. The Superintendent Of Police

Crl.O.P.(MD)No.10087 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10087 of 2020 G.Durairaj ... Petitioner Vs.

1. The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Gandarvakottai Police Station, Gandarvakottai, Pudukottai District.

(Crime No.234 of 2020)

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation in Crime No.234 of 2020, from the file of the second respondent to any other Police Station, which is under the control of the first respondent for conducting an impartial investigation in this case. For Petitioner : Ms.P.Krishnaveni For R-1 & R-2 : Mr.R.Erottuchamy Government Advocate

O R D E R

This petition has been filed seeking a direction to direct the first respondent to transfer the investigation in Crime No.234 of 2020 from the file of the second respondent to any other Police Station, which is under the control of the first respondent for conducting an impartial investigation in this case. 2.The learned counsel appearing for the petitioner would submit that this application has been filed seeking for the relief of direction to direct the first respondent to transfer the investigation in Crime No.234 of 2020, from the file of the second respondent to any other Police Station. He would further submit that it would be suffice to direct the respondents to complete the investigation within a time as stipulated by this Court. The above said submission made by the learned counsel appearing for the petitioner is recorded.

3.Now, on going through the averments filed in the F.I.R., it appears that on 08.05.2020, when the petitioner and his wife were in their agricultural field, the accused, who are the relatives of the petitioner, unlawfully trespassed into the lands belonging to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10087 of 2020 the petitioner and attacked the petitioner and his wife by using aruval and wooden log. Thereby, the petitioner and his wife sustained injuries. After the alleged occurrence, both of them were admitted in the Government Hospital, Gantharvakottai and took treatment in the said Hospital.

4.In the said circumstances, since the offence committed by the accused is severe in nature, it is necessary to complete the investigation as early as possible and therefore, upon considering the facts and circumstances of the case, it would be appropriate to direct the second respondent to complete the investigation within a period of three months.

5.Accordingly, this Criminal Original Petition stands disposed of with a direction to the second respondent to complete the investigation in Crime No.234 of 2020, within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar (AS) // 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, Pudukottai District, Pudukottai.

2.The Inspector of Police, Gandarvakottai Police Station, Gandarvakottai, Pudukottai District.

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

Crl.O.P.[MD]No.10087 of 2020 22.09.2020 VB (05.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2