Natchadalingam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Natchadalingam ... Petitioner/Defacto Complainant Vs 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Rajapalayam, 3.The Inspector of Police, Keelarajakularaman Police Station, (FIR No.108/2021) 4.Sugumaran ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation of the petition in F.I.R.No.108 of 2021 dated 21.07.2021, on the file of the third respondent to the second respondent.

For Petitioner : Mr.R.Murugappan Advocate.

For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This petition has been filed to transfer the investigation of the petition in F.I.R.No.108 of 2021 dated 21.07.2021, on the file of the third respondent to the second respondent.

2. The case of the petitioner is that an attempt to murder has been committed by the accused namely the fourth respondent herein. But, a case in Crime No.108 of 2021 has been registered only for the offence punishable under Sections 279, 337 of IPC against the fourth 1/3

respondent. Further, the second respondent obtained the signature of the petitioner in blank white paper and in that paper, the respondent Police have written as if it is a case of accident, instead of murder.

3. The learned Additional Public Prosecutor would submit that based on the written complaint by the petitioner, a case was registered in Crime No.108 of 2021. He would further submit that there is no allegation in the complaint given by the petitioner that it is a case of murder and so far, five witnesses have been examined. He would further submit that the accused persons were arrested and released on bail, now they are awaiting for wound certificate. Investigation is almost over.

4. In view of the above, belated attempt made on the part of the petitioner that it is a case of murder is without any basis. Since the investigation is almost over, transfer of investigation does not arise. However, there shall be a direction to the third respondent to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this Order.

5. Accordingly, with the above direction, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Rajapalayam, 2/3

3.The Inspector of Police, Keelarajakularaman Police Station,

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

CRL OP(MD) No.10900 of 2021 Date : 15.09.2021 RK (24.09.2021) 3P 5C 3/3