Madras High CourtCRL OP(MD)/10755/2021disposed of

Rasu v. The Director General Of Police

2022-04-05Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.10755 of 2021 Rasu ... Petitioner Vs.

1. The State represented by The Director General of Police, Head Quarters, Kamarajar Salai, Chennai.

2. The Superintendent of Police, Ramanthapuram District.

3. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

4. The Deputy Superintendent of Police, CECID, Ramanathapuram, Ramanathapuram District.

5. The Inspector of Police, Thiruppalaikudi Police Station, Ramanathapuram District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents 1 to 3 to withdraw and transfer investigation in Crime.No.25 of 2021 from the fifth respondent police to fourth respondent police.

For Petitioner : Mr.P.Muthusamy For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to withdraw and transfer investigation in Crime.No.25 of 2021 from the fifth respondent police to fourth respondent police.

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2. The case of the petitioner is that the petitioner's brother possessed a Tractor. On 15.02.2021, he sent his Tractor along with harvesting machine at Kallikanmai and returned to the house at 06.30 p.m. Thereafter, he went to Uppur in his motorcycle bearing Registration No.TN-65-AM-5740 at about 08.30 p.m and he returned to Uppur in the ECR Road, (Ramanathapuram to Thondi) and in between one, Kulanthaichamy's house, there was one Tractor which was stand on the road. He dashed against the said Tractor and fell down on the road. On the information received from one Saravanan, the petitioner and all the family members took the injured to Ramanathapuram, Government Hospital and lodged a complaint before the fifth respondent. On receipt of the complaint, the fifth respondent registered a case in Crime No.

25 of 2021 for the offences under Sections 279 and 337 IPC. However, the petitioner alleged that the said Saravanan had vengeance against the injured and attacked the injured. While pending this petition, this Court directed the petitioner to appear before the fifth respondent and produce all the documents with regard to the two wheeler which was driven by the injured. However, the petitioner failed to produce all the documents as directed by this Court. Therefore, the investigation cannot be transferred from fifth respondent police to fourth respondent police.

3. In view of the above, the fifth respondent is directed to enquire the injured and complete the investigation and file the final report within a period of twelve weeks from the date of receipt of copy of this order. This Criminal Original Petition is disposed of, accordingly.

Sd/- Assistant Registrar (Writ) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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 Director General of Police, Head Quarters, Kamarajar Salai, Chennai.

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2. The Superintendent of Police, Ramanthapuram District.

3. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

4. The Deputy Superintendent of Police, CECID, Ramanathapuram, Ramanathapuram District.

5. The Inspector of Police, Thiruppalaikudi Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.10755 of 2021 05.04.2022 SB(CO) KB(28.04.2022) 3P 7C 3/3