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Madras High CourtCRL OP(MD)/9398/2024closed

M.Karuppiah v. The Superintendent Of Police

2024-07-01Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :01.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.9398 of 2024 M.Karuppiah ... Petitioner Vs

1. The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District..

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3. The Inspector of Police, Nilakottai Police Station Dindigul District.

... Respondents (Crime No.265/2023) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to transfer the investigation of the case in Crime No.265/2023 from the file of the third respondent to any other competent police officer in accordance with law within the time stipulated by this Court.

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For Petitioner : Mr. S. Malaikani For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed seeking a direction to transfer the investigation in Crime No.265 of 2023 on the file of the 3rd respondent to any other competent officer.

2.The learned Counsel for the petitioner submits that the accused has damaged the compound wall. However, the respondent police have not registered a case as against the accused under Section 3 of TNPPDL Act.

3.The learned Government Advocate (Crl. Side) on instruction from the respondent police submits that it is a case and counter. The investigation is in the crucial stage and they have examined six witnesses so far and they have also arrested all the accused involved in this case. Further, he submits that the respondent police wants to ascertain whether the compound wall lies in the petitioner's property or in the complainant's 2/5

property. The petitioner and defacto complainant are brother and there is a civil dispute pending between them.

4.Considering the submissions of the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed with a direction to the respondent police to conduct an enquiry in a fair and proper manner and conclude the same within a period of two months from the date of receipt of a copy of this order. The petitioner shall also furnish details, if any, to the respondent police and to co-operate for the investigation.

01.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/5

To

1. The Superintendent of Police, O/o.The Superintendent of Police, Dindigul District..

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3. The Inspector of Police, Nilakottai Police Station Dindigul District.

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

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B.PUGALENDHI,J jbr Order made in Crl.O.P.(MD)No.9398 of 2024 01.07.2024 5/5