Madras High CourtCRL OP(MD)/11471/2024closed

Mohamed Goya v. The Superintendent Of Police

2024-07-25Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Mohamed Goya ... Petitioner versus

1. The Superintendent of Police, O/o. District Superintendent of Police, Ramanathapuram,

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Ramanathapuram,

3. The Inspector of Police, Kenikkarai Police Station,

4. Abdul Samdu ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS seeking a direction to the 1st respondent to transfer the investigation from 3rd respondent and to appoint some other investigation officer for conducting the enquiry in the case in Crime No.66 of 2024 under Section 294(b), 323, 506(i) on the file of the 3rd respondent Police for filing the 1/4

final report by considering the petitioner's representation dated 12.07.2024, as per the law, within the time stipulated by this Court. For Petitioner : Mr.D.Balamurugapandi For R1 to R3 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioner, with a grievance that the 3rd respondent Police has not conducted the investigation in a proper manner, has filed this petition seeking transfer of investigation from the file of the 3rd respondent Police to some other investigating agency.

2. The learned Government Advocate (Crl. Side) submits that the investigation was already completed in Crime No.66 of 2024 and a charge sheet was also filed and the same was taken on file in C.C.No.243 of 2024 on the file of the learned Judicial Magistrate No.II, Ramanathapuram.

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3. Since the respondent Police has filed the charge sheet, the petitioner shall workout his remedy before the trial Court. If any offence has been made out and the investigation has not been properly conducted, the trial Court shall take cognizance for the offence, if any found during the trial.

4. Accordingly, this Criminal Original Petition is closed. 25.07.2024 Index : Yes / No.

Internet: Yes / No.

NCC : Yes/No.

ogy To

1. The Superintendent of Police, O/o. District Superintendent of Police, Ramanathapuram,

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Ramanathapuram, 3/4

B.PUGALENDHI, J.

ogy

3. The Inspector of Police, Kenikkarai Police Station,

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

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