Sathis Kumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.07.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN Sathis Kumar ... Petitioner Vs.

1. The Superintendent of Police, Madurai District.

2. The Deputy Superintendent of Police, Samayanallur, Madurai District.

3. Inspector of Police, Nagamalai Pudukkottai Police Station.

4. The Inspector of Police, CBCID, Madurai.

5. Balasubramanian @ Bala,

6. Kanimozhi

7. Palaniammal ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to the fourth respondent or some other competent investigating agency in respect of Crime. No.82 of 223 on the file of the third respondent.

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For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 to R4

O R D E R

This petition is filed seeking for a direction to transfer the investigation in Crime No. 82 of 2023 on the file of the third respondent to fourth respondent or any other competent investigation agency.

2. It is submitted by the learned counsel for the petitioner that the police have not proceeding in line required to be proceeded, a case in Crime No.82 of 2023 is filed on a complaint given by the petitioner.

3. Learned Additional Public Prosecutor submits that the police have completed the entire investigation except recovering of 2 Sovereigns of gold from the sister of accused No.1 and submitted that they have already recovered 55 grams of gold and one Volkswagen Car and has also frozen the account of the accused No.1. It is submitted that the police will file the charge sheet within ten days before the concerned Magistrate Court. The said submission is recorded. Since the police have 2/4

already completed the investigation, the cause of action does not survive for the petitioner to proceed further. In case, if the petitioner is aggrieved by the investigating, the petitioner is at liberty to approach the concerned learned Magistrate and to file appropriate application either for further investigating or otherwise.

4. With this observation, this petition is disposed of. 17.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN To

1. The Superintendent of Police, Madurai District.

2. The Deputy Superintendent of Police, Samayanallur, Madurai District.

3. Inspector of Police, Nagamalai Pudukkottai Police Station.

4. The Inspector of Police, CBCID, Madurai.

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

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DR.D.NAGARJUN,J PKN W.P.(MD)No.9578 of 2023 Dated:17.07.2023 4/4