P.Karuppasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD).No.7291 of 2020 P.Karuppasamy

...Petitioner /

Defacto Complainant Vs 1.The Superintendent of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, CBCID, Madurai.

3.The Sub-Inspector of Police, Nagamalaipudukottai Police Station, Madurai-625 019.

...Respondents/Complainant

4.A.Alagar 5.N.Kannan 6.A.Krishnan ....Respondents/Accused PRAYER :- These Criminal Original Petition filed under Section 482 Cr.P.C.to direct the 1st Respondent to transfer the investigation of the case in Crime No.54 of 2019 on the file of the third respondent to some other competent investigation officer by considering the complaint of the petitioner dated 31.01.2019 and to file a final report.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr. K.Sanjai Gandhi Government Advocate (Criminal Side) for R1 to R3

ORDER

This petition has been filed to direct the 1st Respondent to transfer the investigation of the case in Crime No.54 of 2019 on the file of the third respondent to some other competent investigation officer by considering the complaint of the petitioner dated 31.01.2019 and to file a final report.

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2.The case of the prosecution is that due to previous motive, the accused persons were attacked the petitioner by using iron rod and caused injuries to him. Thereafter, the petitioner made a complaint before the third respondent police and the same was registered in Crime No.54 of 2019 for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC.

3. The learned Government Advocate(Crl.side) submitted that based upon the compliant given by the petitioner, an enquiry was undertaken by the third respondent police herein and the respondents 4, 5 and 6 were arrested and they were produced before the learned Judicial Magistrate No.VI, Madurai. After perusing the materials, the learned Magistrate remanded the accused persons. He further submitted that a major part of investigation has been completed by the third respondent herein.

4.Since the major part of the investigation has been completed by the fourth respondent herein, the transfer of investigation does not arise. The third respondent is directed to complete the investigation and file a final report before the concerned Magistrate within a period of 8 weeks from the date of receipt of copy of this order. The second respondent is directed to monitor the investigation done by the fourth respondent herein. With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) TTA 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, Madurai, Madurai District.

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2.The Deputy Superintendent of Police, CBCID, Madurai.

3.The Sub-Inspector of Police, Nagamalaipudukottai Police Station, Madurai-625 019.

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

Copy to:

The Judicial Magistrate No.VI, Madurai.

CRL OP(MD).No.15163 of 2020 Date : 31/03/2022 MGJ(26.05.2022) 3P 6C 3/3