Madras High CourtCRL OP(MD)/16329/2018disposed of

Chellathai v. The Superintendent Of Police

2018-09-12Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.16329 of 2018 Chellathai .. Petitioner/Defacto Complainant -Vs1.The Superintendent of Police, Tuticorin District, Turicorin.

2.The Sub Inspector of Police, Koppampatti Police Station, Tuticorin District.

.. Respondents /Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to order change of investigation in the matter relating to the petition enquiry in proceedings P4/035367/2018 on the file of the 1st respondent, which is pending before the 2nd respondent and entrust the some other police officers not the below the rank of the Deputy Superintendent of Police.

For Petitioner : Mr.C.Mayil Vahana Rajendran For Respondents : Mr.M.Chandra Sekaran Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner for a direction to change the investigation in the matter which is at the stage of petition and enquiry. 2.The petitioner has given a complaint to the second respondent and since the second respondent were not inclined to enquire into the complaint and since the petitioner did not repose confidence on the second respondent, he sent a representation dated 18.08.2018, requesting the second respondent to transfer the file to the Inspector.

3.The learned Additional Public Prosecutor would submit that the second respondent has enquired the complaint and has closed the same by his report dated 19.08.2018.

3.The learned Additional Public Prosecutor would further submit that summon was issued to the petitioner and thereafter, enquiry is conducted. The petitioner filed a petition after the receipt of https://hcservices.ecourts.gov.in/hcservices/

summon and he made a request to transfer the file to the Inspector. 4.This Court is of the considered view that, now that the complaint has been closed by the respondent police, the petitioner can workout his remedy by filing an appropriate complaint before appropriate Court.

5.Accordingly, with the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Tuticorin District, Turicorin.

2.The Sub Inspector of Police, Koppampatti Police Station, Tuticorin District.

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

• 1 CC TO Mr.Mr.C.Mayil Vahana Rajendran , ADVOCATE IN SR.NO.83782. TM DS SV SAR-4 08.10.2018 2P/5C CRL.O.P.(MD)No.16329 of 2018 12.09.2018 https://hcservices.ecourts.gov.in/hcservices/