Francis v. The Superintendent Of Police

Crl.O.P(MD).No.12512 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.12512 of 2021 Francis ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Devakottai Sub Division, Sivagangai District.

3.The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to withdraw the case pending in Crime No.171 of 2021 from the file of third respondent and entrust the same to a higher police Official with the direction to conduct further investigation and to file charge sheet in accordance with law. For Petitioners : Mr.R.Gandhi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed to withdraw the case pending in Crime No.171 of 2021 from the file of third respondent and entrust the same to a higher police Official with the direction to conduct further investigation and to file charge sheet in accordance with law.

2.The grievances of the petitioner is that he was a retired Military Man. Due to business motive, the village people made continuous trouble to the petitioner, over which, the case was registered in Crime No.171 of 2021 for the offence punishable under Sections 147, 294(b), 323, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002. For the purpose of proper and fair investigation, he wants to transfer the case.

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Crl.O.P(MD).No.12512 of 2021 3.The learned Additional public Prosecutor would submit that based upon the complaint given by the other parties, a counter case has been registered for the very same offence and the investigation is in progress.

4.Considering the facts and circumstance of this case, this Court does not find any reason to transfer the investigation in Crime No.171 of 2021 from the file of third respondent to some other agency. Since no ground is made out, this Court directs the third respondent to complete the investigation and file a final report within a period of three months from the date of receipt of copy of this order and the investigation may be undertaken on the supervision of the first respondent herein.

With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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, Sivagangai District.

2.The Deputy Superintendent of Police, Devakottai Sub Division, Sivagangai District.

3.The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

+1 CC to M/s.R.GANDHI, Advocate (SR-27702[F] dated 31/08/2021) Crl.O.P.(MD)No.12512 of 2021 31.08.2021 NSN(CO) SB(16.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/