K.Papathi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Papathi ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigate of the complaint, dated 25.04.2023 on the file of the second respondent and entrusted the same to any other competent officer on the basis of the petitioner's representation.

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.B.Nambiselvan, Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the first respondent to transfer the investigation of the complaint, dated 25.04.2023 on the file of the second respondent and entrusted the same to any other competent officer on the basis of the petitioner's representation.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the State would submit that the alleged incident was occurred at Thuvarankurichi and that the second respondent is not having any jurisdiction.

3. The learned counsel for the petitioner would submit that after lodging the complaint, the petitioner was directed to appear before the second respondent twice and they have also directed him to appear on Monday i.e., on 19.06.2023.

4. Considering the above, this Court is at loss to understand that when the second respondent is not having any jurisdiction, then for what purpose, they have directed the petitioner to appear before them thrice. 2/5

5. The learned Additional Public Prosecutor appearing for the State would further submit that the second respondent may be directed to transfer the case to the jurisdictional Police within a time frame to be fixed by this Court.

6. Recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to take necessary steps to transfer the complaint to the jurisdictional Police within three days from today.

7. With the above direction, the Criminal Original Petition is disposed of.

16.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No das Note : Issue order copy on 20.06.2023.

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To 1.The Superintendent of Police, O/o.The Superintendent of Police Dindigul District.

2.The Inspector of Police, Vadamadurai Police Station, Dindigul District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 16.06.2023 5/5