Madras High CourtCRL OP(MD)/11234/2019dismissed

Kasi Raman v. The Superintendent Of Police

2019-10-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.11234 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.11234 of 2019 Kasiraman ... Petitioner/Complainant Vs.

1. The Superintendent of Police Thanjavur District Thanjavur

2. The Deputy Superintendent of Police Thiruvidai Maruthur Thanjavur District

3. The Inspector of Police Thirunelakudi Police Station Thanjavur (Crime No.104 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to direct the 1st respondent for change of investigation in Crime No.104 of 2019 on the file of respondent No.3 and entrust the same to the some other Competent Officer for investigation and file a final report before the Jurisdictional Magistrate within the time stipulated by this Honourable Court.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the 1st respondent for change of investigation in Crime No.104 of 2019 on the file of respondent No.3 and entrust the same to the some other Competent Officer for investigation and file a final report before the Jurisdictional Magistrate

2. The Government Advocate (Crl.Side) would submit that the respondent police have completed investigation in Crime No.104 of 2019 and filed final report before the learned Judicial Magistrate No.I, Kumbakonam and it is pending for taking cognizance.

3. At this stage case cannot be transferred from third respondent to any other agency. Hence the Criminal original Petition stands dismissed. However the learned Judicial Magistrate No.I, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.11234 of 2019 Kumbakonam is directed to take cognizance on the final report filed by the third respondent within a period of two weeks from the date of receipt of a copy of this order. However the petitioner is always at liberty to invoke provisions under Sections 216 and 319 of Cr.P.C during trial if any incriminating materials found against the accused persons.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Judicial Magistrate No.I, Kumbakonam

2. The Superintendent of Police Thanjavur District Thanjavur

3. The Deputy Superintendent of Police Thiruvidai Maruthur Thanjavur District

4. The Inspector of Police Thirunelakudi Police Station Thanjavur

5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC to Mr.R.VENKATESAN, Advocate ( SR-92629[F] dated 17/10/2019 ) Crl.O.P.(MD) No.11234 of 2019 17.10.2019 aav MK (30.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2