P.Suyambulingam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11752 of 2023 P.Suyambulingam ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, K.Pudur, Madurai-625 007.

2.The Assistant Commissioner of Police, (Law and Order), Tallakulam, Madurai-625 002.

3.The Inspector of police, (Law and Order), Thallakulam, Madurai-625 002.

4.Nagalingam ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation from the third respondent to the second respondent on the petitioner's complaint dated 12.06.2023. 1/5

For Petitioner : Mr.M.Sankar For R1 to R3 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the investigation from the third respondent to the second respondent on the petitioner's complaint dated 12.06.2023.

2. The learned counsel for the petitioner submitted that the petitioner was brutally attacked by the counter parties on 11.06.2023, over which, he made a complaint on 12.06.2023, to the third respondent and the same was not properly considered by him so far. Hence, the present petition has been filed.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that on the earlier occasion, based upon the complaint given by the petitioner's daughter-in-law, enquiry was undertaken in C.S.R.No.277 of 2023. During the course of enquiry, the counter parties appeared before the enquiry officer and they have given an undertaking that they will not make any trouble or threaten to the petitioner in future. Based upon the under taking, the complaint itself was closed. Now the present complaint has been 2/5

given by the petitioner herein and the third respondent is conducting the enquiry in a proper manner.

4. In view of the above submission, this Court directs the third respondent to enquire the petitioner as well as the counter parties, by issuing summon. Depending upon the outcome of the enquiry, the third respondent to dispose of the petitioner's complaint dated 12.06.2023 within a period of one week from the date of appearance of the parties. If the petitioner is aggrieved over the outcome of the complaint, he may workout his remedy through the appropriate proceedings.

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

30.06.2023 Index : Yes/No Internet:Yes/No tta 3/5

To 1.The Commissioner of Police, Madurai City, K.Pudur, Madurai-625 007.

2.The Assistant Commissioner of Police, (Law and Order), Tallakulam, Madurai-625 002.

3.The Inspector of police, (Law and Order), Thallakulam, Madurai-625 002.

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

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G.ILANGOVAN, J., tta Crl.O.P.(MD)No.11752 of 2023 30.06.2023 5/5