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Madras High CourtCRL OP(MD)/11901/2023disposed of

Mohammed Siddiq Basha v. The Commissionerof Police

2023-06-30Honourable Mr Justice G.Ilangovan4 pages

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

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Mohammed siddiq Basha ..... Petitioner Vs.

1. The Commissioner of Police, City Commissioner of Police office, Subramaniyapuram, Trichy District.

2. The Assistant Commissioner of Police, Assistant Commissioner of Police Office, Srirangam Zone, Trichy District.

3. The Inspector of Police, (Crime) Thillai Nagar Crime Police Station, Thillai Nagar, 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 11.04.2023 and connected C.S.R.No.177 of 2023 on the file of 3rd respondent herein to the 2nd respondent herein or any other investigation officer not less than cadre of Assistant Commissioner of Police, Trichy District in the light of his representation dated 19.05.2023 for free and fair investigation within a stipulated period as may fixed by this Court. 1/4

For Petitioner : M/s.R.Sakthivel For Respondent : Mr. B. Nambiselvan Additional Public Prosecutor

ORDER

The grievance of the petitioner is that inspite of the fact that the complaint was given on 11.04.2023, the enquiry in C.S.R.No.177 of 2023 has not been concluded and seeking transfer of investigation this Criminal Original Petition has been filed.

2. The learned Additional Public Prosecutor would submit that the enquiry is pending because of the non cooperation of both the parties.

3. Let the petitioner also appear before the respondent. The counter party has already been summoned. The enquiry may be completed within a period of 15 days from the date of appearance of the parties. Depending upon the outcome of the enquiry, the third respondent may take further action in this case. There is no transfer of enquiry at this stage.

4. This Criminal Original Petition is dismissed. 30.06.2023 NCC : Yes / No Index : Yes/No Internet:Yes/No pnn 2/4

To

1. The Commissioner of Police, City Commissioner of Police office, Subramaniyapuram, Trichy District.

2. The Assistant Commissioner of Police, Assistant Commissioner of Police Office, Srirangam Zone, Trichy District.

3. The Inspector of Police, (Crime) Thillai Nagar Crime Police Station, Thillai Nagar, Trichy District.

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

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G.ILANGOVAN, J., pnn 30.06.2023 4/4