Ameer Sulthan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Ammeer Sulthan ... Petitioner Vs.

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

2.The Inspector of Police, CBCID, Pudukottai District, Pudukottai.

3.The Inspector of Police, Mathur Police Station, Pudukottai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation of FIR in Crime No.188 of 2021 from the file of the 3rd respondent to the file of 2nd respondent with a direction to investigate into the matter and file charge sheet in accordance with law within a time stipulated by this Court.

For Petitioner : Mr.S.Kameswaran For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

(This petition is heard through video conference) This petition has been filed to transfer the investigation of FIR in Crime No.188 of 2021 from the file of the 3rd respondent to the file of 2nd respondent with a direction to investigate into the matter and file charge sheet in accordance with law within a time stipulated by this Court.

2.The case was registered on the basis of the complaint given by the petitioner in Crime No.188 of 2021 on the file of the third respondent herein for the offence punishable under Sections 147, 294 (b), 323, 506(i) of IPC. The grievance of the petitioner is that at 1/3

the time of occurrence the accused has stolen the petitioner's materials worth about Rs.2,20,000/-. Even though a statement was recorded from him while he was admitted in the hospital the offence under Section 379 IPC has not been included in the FIR. On that aspect investigation has also not been undertaken. Except this allegation, no other ground is made out by the petitioner for transfer of the investigation.

2.The learned Government Advocate (Crl. Side) would submit that so far 11 witnesses have been examined. Insofar as the allegation of theft is concerned, no such statement has been given by the petitioner.

4.Whatever it may be, the petitioner may also give further statement to the third respondent with regard to the entire facts. The third respondent may record the further statement of the petitioner and if any offence is made out, he can take the investigation in that line also.

5.With the above said direction this criminal original petition stands disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Pudukottai District, Pudukottai.

2.The Inspector of Police, CBCID, Pudukottai District, Pudukottai.

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3.The Inspector of Police, Mathur Police Station, Pudukottai District.

Madurai Bench of Madras High Court, Madurai.

20.09.2021 NSN(CO) KB(30.09.2021) 3P 4C 3/3