Madras High CourtCRL OP(MD)/9853/2019disposed of

A. Rathinam v. The Superintendent Of Police

2019-11-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.9853 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.9853 of 2019 A.Rathinam ... Petitioner -Vs1.The Superintendent of Police, District Police Station, Moondrumavadi, Madurai.

2.The Deputy Superintendent of Police, Usilampatti, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Chechkanoorani Police Station, Usilampatti Taluk, Madurai District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to transfer the investigation in Crime No.179 of 2018, dated 11.06.2018 pending before the third respondent either to CBCID or any competitive investigation agency to proceed further investigation. For Petitioner : Mr.K.Safar Badhusa For R1 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed for transfer of investigation in Crime No.179 of 2018 registered on 11.06.2018, for the offence under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 2 (1) of TNPPDL Act.

2.The learned counsel for the petitioner would submit that though there are serious injuries sustained by the victims, the third respondent did not even register the case under Section 307 of IPC.

3.The learned Government Advocate (Criminal side) would submit that now the respondent police almost completed the entire investigation and they have arrested A1 to A3 and remanded to judicial custody. Insofar as the A4 and A5, they obtained anticipatory bail. On investigation, they found that the offence https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9853 of 2019 under Section 307 and 120(b) IPC also attracted as against the accused persons and the respondent police yet to be filed final report.

4.Considering the facts and circumstances of the case, the third respondent is directed to complete the investigation and file final report include Sections 307 and 120(b) IPC as against the accused persons in Crime No.179 of 2018.

5.This Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) das To 1.The Superintendent of Police, District Police Station, Moondrumavadi, Madurai.

2.The Deputy Superintendent of Police, Usilampatti, Usilampatti Taluk, Madurai District.

3.The Inspector of Police, Chechkanoorani Police Station, Usilampatti Taluk, Madurai District.

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

+1 CC to M/s.K.SAFAR BADHUSAN, Advocate ( SR-97031[F] dated 08/11/2019 ) Crl.O.P.(MD)No.9853 of 2019 08.11.2019 KK/SAR/22.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2