← Library
Madras High CourtCRL OP(MD)/14240/2020disposed of

Sankaranarayanan v. The Superintendent Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD).No.14240 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14240 of 2020 Sankaranarayanan

...Petitioner/Defacto Complainant

Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

Crime No.307 of 2020

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to change the investigation officer other than the 2nd respondent in respect of the case in Crime No.307 of 2020.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

ORDER

Heard the learned counsel on either side.

2.This petition has been filed to direct the 1st respondent to change the investigation officer other than the 2nd respondent in respect of the case in Crime No.307 of 2020.

3. The learned counsel for the petitioner would submit that based on the complaint given by the petitioner, a case in Crime No.307 of 2020 has been registered against the accused persons, under Sections 147, 294(b) IPC. The grievance of the petitioner is that a case in Crime No.306 of 2020 has been registered against the petitioner based on the complaint given by one of the accused in Crime No.307 of 2020 on the instigation of one Yasotha, who is working as a police constable in the same police station. According to the petitioner, fair and unbiased investigation is not possible at the hands of the 2nd respondent. Hence, he would pray for transfer of investigation to some other investigating officer by way of filing this Criminal Original Petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.14240 of 2020 4.The learned Additional Public Prosecutor, on instructions, would submit that totally there are 8 accused in this case. Investigation is completed and a positive Charge Sheet is made ready on 01.09.2020 and it will be filed within a month. 5.Recording the above submission, this Criminal Original Petition is closed. However, there shall be a direction to the respondent police to file the Final Report within within a period of one month from the date of receipt of a copy of this order. Sd/- Assistant Registrar(Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Virudhunagar District.

2.The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

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

Crl.O.P.(MD)No.14240 of 2020 08.12.2020 MJ(CO) TR(19.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2