Kalidhass v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :01.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD).No.9441 of 2024 Kalidhass ... Petitioner Vs

1. The District Superintendent of Police, Kajamalai, Manaparai Taluk, Trichy District.

2. The Inspector of Police, Vaiyampatty Police Station, Trichy District.

3. Palanisamy,

4. Dinesh,

5. Vijayalakshmi,

6. Siva ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to withdraw the investigation pertaining to the case in Crime No.150/2024 dated 24/05/2024 on the file of the 2nd respondent and transfer the investigation to the 1st Respondent within stipulated time fixed by this Court. 1/5

For Petitioner : Mr.B.Sargunam, For R-1 & R-2 : 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.150 of 2024 on the file of the 2nd respondent to the first respondent.

2. The learned Counsel for the petitioner submits that though 25 accused persons are involved in this case, the respondent police has registered a case as against four persons only.

3. The learned Government Advocate (Crl. Side) submits that based on the written complaint of the petitioner, a case has been registered in Crime No.150 of 2024 for the offence under Sections 294(b), 323, 324 and 506(2) of IPC and a counter complainant has also been lodged by the accused person which has also been registered in Crime No.155 of 2024. Further, he submits that both the petitioner and 2/5

the defacto complainant are relatives and a civil dispute is pending against them. Six witnesses have been examined so far and the medical report is yet to be received.

4. This Court considered the rival submissions made.

5. The respondent police shall collect the Medical Certificate, if any, from the petitioner and to take a proper action in the manner known to law as expeditiously as possible.

6. Accordingly, this Criminal Original Petition is closed. 01.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/5

To

1. The Deputy Superintendent of Police, Aundipatti, Theni District.

2. The Inspector of Police, Aundipatti Police Station, Theni District.

3.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.9441 of 2024 01.07.2024 5/5