Madras High CourtCRL OP(MD)/11356/2024dismissed

S.Palanimurugan v. The Superintendent Of Police

2024-07-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.11356 of 2024 S.Palanimurugan ... Petitioner Vs 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Deputy Superintendent of Police, CBCID, No.83, Cross Street, Vishalakshmipuram, 3.The Inspector of Police, Vilathikulam Police Station, Tuticorin District.

4.Venkatesh Perumal 5.Ravi Kumar 6.Muniyasamy ... Respondents 1/4

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the first respondent to transfer the case in Crime No.154 of 2024 dated 08.06.2024 on the file of the third respondent and the same to be entrusted to the second respondent for further investigation or any other competent agency and proceed in accordance with law within the time period stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For R-1 to R-3 : Mr.P.Kottai Chamy Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed as against the first respondent to transfer the case in Crime No.154 of 2024 on the file of the third respondent to the second respondent or to any other competent officer.

2.The learned Government Advocate (Crl. Side) on instruction from the respondent police submitted that the petitioner was found in possession of 775 kgs of prohibited tobacco products and he was arrested.

2/4

3.This Court is of the view that the accused cannot choose the investigation officer. Therefore, this Court is not inclined to entertain this application.

4.Accordingly, this Criminal Original Petition is dismissed. 24.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr To:

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

2.The Deputy Superintendent of Police, CBCID, No.83, Cross Street, Vishalakshmipuram, 3.The Inspector of Police, Vilathikulam Police Station, Tuticorin District.

4.The Additional Public Prosecutor, 3/4

Madurai Bench of Madras High Court, B.PUGALENDHI,J jbr Order made in Crl.O.P.(MD)No.11356 of 2024 24.07.2024 4/4