A.Arokiya Samy v. The Superintendent 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.11717 of 2023 A.Arokiya samy ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, Subramaniyapuram, Trichy District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Lalgudi Range, Trichy District.

3.The Inspector of Police, Kallakudi Police Station, Kallakudi, Trichy District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of petitioner's complaint dated 03.06.2023 on the file of third respondent herein to the second respondent herein or any other investigation officer not less than cadre of Deputy Superintendent of Police, Trichy District for free and fair investigation within a stipulated period as may fixed by this Court. 1/4

For Petitioner : Mr.R.Sakthivel For R1 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the investigation of petitioner's complaint dated 03.06.2023 on the file of third respondent herein to the second respondent herein or any other investigation officer not less than cadre of Deputy Superintendent of Police, Trichy District for free and fair investigation within a stipulated period as may fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner made a complaint to the third respondent on 01.06.2023 and the same was not properly considered and no enquiry was conducted by the third respondent so far. Hence, the present petition has been filed.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent police would submit that based upon the complaint given by the petitioner, enquiry was under taken in C.S.R.No.223 of 2023. During the course of enquiry, summon was issued to the petitioner and he did not appear before the enquiry officer so far. 2/4

3. In view of the above submission, the petitioner is directed to appear before the third respondent police on 24.07.2023 and the third respondent is directed to issue summon to the counter parties to appear before him on that date (i.e on 24.07.2023). Thereafter, the third respondent police to dispose of the complaint within a period of one week from the date of appearance of the parties.

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

30.06.2023 Index : Yes/No Internet:Yes/No tta To 1.The Superintendent of Police, District Police Office, Subramaniyapuram, Trichy District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Lalgudi Range, Trichy District.

3.The Inspector of Police, Kallakudi Police Station, Kallakudi, Trichy District.

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

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G.ILANGOVAN, J., tta Crl.O.P.(MD)No.11717 of 2023 30.06.2023 4/4