Madras High CourtCRL OP(MD)/13088/2021disposed of

S.M.H.Mohammed Yacoop v. The Superintendent Of Police

2021-09-07Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.13088 of 2021 S.M.H. Mohammed Yacoop ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, 2.The Deputy Superintendent of Police, 3.The inspector of Police, Ervadi Dhargah Police Station, (In Crime No.210 of 2021) 4.The Inspector of Police, District Crime Branch, Ramanathapuram,Ramanathapuram District.

...Respondents/Respondents

PRAYER: Criminal Original Petition is filed to direct the first respondent to transfer the investigation of FIR No. 210/2021 from the file of the 3rd respondent to the 4th respondent. For Petitioner : Mr.A.Balaji For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side)

ORDER

This petition is filed seeking transfer of investigation in Crime No.210 of 2021 from the file of the 3rd respondent to some other Agency or Officer.

2.The learned counsel appearing for the petitioner would submit that even though a case has been registered in Crime No.210 of 2021 on 13.08.2021, so far no person has been arrested and the investigation is not be properly undertaken and still the accused persons are threatening the petitioner in spite of the pendency of the civil suit between them.

3.The learned Additional Public Prosecutor (Crl.side) appearing

for the respondents would submit that it is a dispute between the members of the Mayakulam Jamath.

4.When a suggestion was made to the learned counsel for the petitioner as to the settlement prospects, he would submit that the petitioner is ready for the same. However, he would submit that the investigation may be undertaken under the direct supervision of the 1st respondent herein.

5.Considering the limited request that has been made by the learned counsel for the petitioner and in view of the fact that it is a dispute between the members of the Mayakulam Jamath, the 3rd respondent herein may conduct the investigation under the supervision of the 1st respondent and complete the same and file a final report before the concerned Court within a period of 3 months from the date of receipt of a copy of this order. 6.With the aforesaid direction, this petition is disposed of as transfer of investigation is not required in the facts and circumstances of this case.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, 2.The Deputy Superintendent of Police, 3.The inspector of Police, Ervadi Dhargah Police Station,

4.The Inspector of Police, District Crime Branch, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.BALAJI, Advocate ( SR-28774[F] dated 09/09/2021 ) Crl.O.P.(MD)No.13088 of 2021 07.09.2021 MGJ(27.09.2021) 3P 7C