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Madras High CourtCRL OP(MD)/14334/2021disposed of

James v. The Superintendent Of Police

2021-09-24Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.14334 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14334 of 2021 James

...Petitioner

Vs.

1. The Superintendent of Police, Kanyakumari District.

2. The Deputy Superintendent of Police, Thakkazhai Division, Kanyakumari District.

3. The Inspector of Police, Kadaiyalumoodu Police Station, Kanyakumari District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the 1st Respondent to Transfer the Investigation in Crime No. 19 of 2021 from the file of 3rd respondent to the file of 2nd respondent.

For Petitioner : Mr.C.Muthu Saravanan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking transfer of investigation from the file of the 3rd respondent to the file of some other Agency or Officer.

2.The grievance of the petitioner herein is that even though the case has been registered on 24.02.2021, so far no progress has been made and the statement of the witnesses has not been recorded so far.

3.The learned Government Advocate (Crl.side) for the respondents would submit that it is a case and case in counter in Crime No.18 of 2021, which was registered on the basis of the complaint given by the counter party. He would further submit that within 3 months, enquiry will be completed in both the matters and the final report will be filed before the concerned Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14334 of 2021 4.Recording the undertaking given by the learned Government Advocate (Crl.side), transfer of investigation may not arise in the facts and circumstances of the case and the stage of the investigation. 3 months time is granted to the 3rd respondent herein to complete the investigation and file the final report in both the matters before the concerned Court.

5.After filing the final report, compliance report must be submitted to the Registry.

6.With the aforesaid direction, this petition stands disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 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, Kanyakumari District.

2. The Deputy Superintendent of Police, Thakkazhai Division, Kanyakumari District.

3. The Inspector of Police, Kadaiyalumoodu Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.14334 of 2021 24.09.2021 MK/04.10.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2