M.Dinesh v. The Superintendent Of Police

Crl.O.P.(MD) No.11701 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.11701 of 2021 M.Dinesh

...Petitioner/Accused

Vs.

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

2. The Inspector of Police, Chinthamanipatti Police Station, Karur District.

(In Crime No.52 of 2021)

3. Balasundaram

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue a direction directing the 1st respondent to transfer of investigation in Crime No. 52 of 2021 on the file of the Inspector of Police, Chinthamanipatti Police Station, Karur District to some other agency.

For Petitioner : Mr.V.Karuna For Respondents : Mr.B.Thanga Aravindh No.1 & 2 Government Advocate(Criminal Side)

ORDER

This petition has been filed seeking direction to direct the first respondent to transfer the investigation in Crime No. 52 of 2021 on the file of the Inspector of Police, Chinthamanipatti Police Station, Karur District to some other agency. 2.The learned counsel for the petitioner would submit that on 01.02.2021, when the petitioner was riding his two wheeler bearing Reg.No.42 BZ5817, at the time another person was riding the two wheeler in a rash and negligent manner that too in a drunken mood, even then the second respondent filed case against the petitioner as if the petitioner has driven the two wheeler in a rash and negligent manner for the offence under Section 279 and 337 of IPC.

3. On perusal of the intimation given by the doctor who treated the petitioner the petitioner has stated that the petitioner sustained injuries due to the road accident and he was under the influence of alcohol.

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Crl.O.P.(MD) No.11701 of 2021

4. The learned Additional Public Prosecutor would submit that one of the eye witness has deposed that the said occurrence took place only due to the rash and negligent driving of the petitioner.

5. In view of the same, transfer of investigation cannot be granted since the second respondent rightly registered the case against the petitioner.

6. In the result, the petition stands dismissed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

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

2. The Inspector of Police, Chinthamanipatti Police Station, Karur District.

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

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