Madras High CourtCRL OP(MD)/10457/2020disposed of

S.Tharma @ Tharmaraj v. The Director General 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 S.Tharma @ Tharmaraj ... Petitioner/Defacto Complainant Vs 1.The Director General of Police, Doctor Rahdakrishnan Salai Road, Mylapore, Chennai - 600 004.

2.The Deputy Inspector General of Police, Ramanathapuram Zone, 3.The Superintendent of Police, Office of the Superintendent of Police, 4.The Inspector of Police, Kenikkarai Police Station, ... Respondents PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the Investigation of Cr.No. 289 of 2018 from the file of the fourth Respondent to CBCID Police of Tamil Nadu, to bring the truth in the matter related to the death of the brother of the petitioner namely one Karthick.

For Petitioner : Mr.R.Babujaganath For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side).

ORDER

This petition has been filed to transfer the Investigation of Cr.No. 289 of 2018 from the file of the fourth Respondent to CBCID Police of Tamil Nadu, to bring the truth in the matter related to the death of the brother of the petitioner, viz., Karthick. 2.The learned Government Advocate (Criminal Side) would submit that on the complaint lodged by the petitioner, FIR has been registered in Crime No.289 of 2018, for the offences punishable 1/3

under Sections 120(b), 147, 148, 149, 302 IPC and Section 5 of Indian Explosives Act, 1908. There are totally 25 accused. However, while filing final report some of the accused were deleted and pending for committal, before the learned Judicial Magistrate No.II, Dindigul. As against the deletion report, the petitioner also filed protest petition and it is pending for enquiry. 3.In view of the above, transfer of investigation does not arise at this stage and this Criminal Original Petition is dismissed. However, the learned Judicial Magistrate is directed to consider the protest petition filed by the petitioner and after receipt of all materials, evidence produced by the petitioner and pass appropriate orders, within four weeks, from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (AD-I) // 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 Judicial Magistrate No.II, Dindigul.

2.The Director General of Police, Doctor Rahdakrishnan Salai Road, Mylapore, Chennai - 600 004.

3.The Deputy Inspector General of Police, Ramanathapuram Zone, 4.The Superintendent of Police, Office of the Superintendent of Police, 2/3

5.The Inspector of Police, Kenikkarai Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date : 18/03/2022 ks(CO) GC(01.04.2022) 3P 7C 3/3