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Madras High CourtCRL OP(MD)/14242/2020dismissed

V.Jeyasudha v. The Superintendent Of Police

2022-03-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.14242 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.14242 of 2020 and Crl.M.P.(MD)No.6614 of 2020 V.Jeyasudha ... Petitioner/Sole Accused Vs The State Rep. by

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

2.The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

3.The Sub-Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

... Respondents 1 to 3/ Complainants 4.The Inspector of Police, CBCID, Pudukkottai District.

... Respondent/Respondent 5.Venkatachalam

...Respondent/Defacto Complainant

PRAYER :- Criminal Original Petition filed under Section 482 Cr.P.C. to TRANSFER THE INVESTIGATION in respect of Crime No.191 of 2020 pending on the file of second respondent, to any other independent agency more fully to fourth respondent based on the petitioner's representation dated 01.12.2020 pending before first respondent. For Petitioner : M/s.AK.Azagarsami, Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) For R1 to R4 Mr.C.Arul Vadivel @ Sekar, Advocate For R5.

ORDER

This Criminal Original Petition has been filed to transfer the investigation, in respect of Crime No.191 of 2020 pending on the file of second respondent, to any other independent agency more fully to the fourth respondent, based on the petitioner's representation dated 01.12.2020 pending before first respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.14242 of 2020 2.The learned Government Advocate (Criminal Side) submitted that after registration of FIR in Crime No.191 of 2020, for the offences punishable under Section 174 of Cr.P.C., the second respondent police has conducted investigation and the petitioner was arrayed as an accused. Subsequently, the petitioner was arrested and released on bail.

3.Therefore, the petitioner is being an accused in this case, cannot seek transfer of investigation. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 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, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District. 3.The Sub-Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District. 4.The Inspector of Police, CBCID, Pudukkottai District.

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

ORDER IN CRL OP(MD). No.14242 of 2020 and Crl.M.P.(MD)No.6614 of 2020 Date : 31/03/2022 SA(12.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2