Madras High CourtCRL OP(MD)/10695/2020disposed of

Premnath v. The Superintendent Of Police

2020-12-01Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.10695 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.10695 of 2020 Premnath : Petitioner Vs

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

2. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

: Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, directing the respondents to transfer the investigation in Crime No.410 of 2020, on the file of the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District to any other competent authority to conduct a free and fair investigation and to file a final report within a stipulated time. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.V.Neelakandan Additional Public Prosecutor(Crl.side)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2.This Criminal Original Petition has been filed to direct the respondents to transfer the investigation in Crime No.410 of 2020, on the file of the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District to any other competent authority.

3. The learned counsel for the petitioner would submit that based on the complaint given by the petitioner, a case in Crime No.410 of 2020 has been registered under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) IPC against the accused persons. The grievance of the petitioner is that the main accused namely Chandiran was not included as an accused in the above Crime Number. Though the petitioner has given representation in this regard, no fruitful action has been taken by the authorities. Hence, this petition.

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Crl.O.P(MD)No.10695 of 2020 4.This Court directed the learned Additional Public Prosecutor(Crl.side) to file a Status Report and the Status Report has also been filed.

5.On perusal of the same, it is clear that on 06.11.2020, the Investigating Officer sent the alteration report implicating the said Chandran as A8 in Crime No.410 of 2020, before the learned Judicial Magistrate No.II, Sivagangai. I am satisfied that the investigation is going on in the right direction. Therefore, I am not inclined to order for transfer of investigation of the case. However, there shall be a direction to the respondent police to file a Final Report within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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.I, Sivagangai.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

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