Sankaralingam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Sankaralingam ... Petitioner/Complainant Vs.

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kovilpatti East Police Station, Crime No.1066 of 2020 3.The Inspector of Police, District Crime Branch, ... Respondents/ Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of the case in Crime No.1066 of 2020 from the file of the Inspector of Police, Kovilpatti East Police Station, Thoothukudi District to the file of the Inspector of Police, District Crime Branch, Thoothukudi District for proceeding further.

For Petitioner : Mr.R.Anand For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side)

ORDER

This petition is filed seeking transfer of investigation from the file of the 2nd respondent to the file of the 3rd respondent herein.

2.When the matter is taken up for hearing, the learned counsel for the petitioner would submit that for registering the First Information Report, the petitioner has approached the concerned Magistrate under Section 156 (3) of Cr.P.C., since no proper action has been taken on his complaint. Even though the petitioner was admitted in the hospital as inpatient for 4 days, anticipatory bail application was moved by the two accused persons. Misrepresentation 1/3

has been made to the effect that he was treated as outpatient. Even though the name of some of the persons also mentioned in the First Information Report, no investigation was undertaken on this aspect. 3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondents would submit that totally 8 witnesses have been examined and the final report was also filed before the learned Judicial Magistrate No.1, Kovilpatti arraying two persons as accused.

4.The petitioner has to workout his remedy before the appropriate Court through appropriate proceedings, if he has any grievance over the final report that has been filed before the concerned Court. So, transfer of investigation may not arise in this matter.

5.With the aforesaid direction and liberty, this petition is disposed of as infructuous.

Sd/- Assistant Registrar (CS-I) // 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 Judicial Magistrate No.I, Kovilpatti.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Inspector of Police, Kovilpatti East Police Station, 2/3

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

Crl.O.P.(MD)No.13331 of 2021 13.09.2021 RK (27.09.2021) 3P 6C 3/3