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Madras High CourtCRL OP(MD)/14478/2020disposed of

A.Thiyagarajan v. The Superintendent Of Police

2021-03-01Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA A.Thiyagarajan ... Petitioner/Defacto Complainant Vs.

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

2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

4.The Inspector of Police, CBCID, Thanjavur District.

5.Senthilkumar ... Respondents/Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime NO.1217 of 2020 on the file of the third respondent to the fourth respondent.

For Petitioner : Mr.C.Susikumar For R1 to R4 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The present petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime No.1217 of 2020 on the file of the third respondent to the fourth respondent.

2.The main grievance of the petitioner is that though the petitioner/defacto complainant sustained head injury and a fracture on his right hand, the third respondent registered the 1/3

First Information Report against the accused only for the offences punishable under Sections 147, 294(b), 448, 323 and 506 (i) of the Indian Penal Code and therefore, prayed for transferring the investigation from the file of the third respondent to the fourth respondent.

3.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 to 4, on instructions, would contend that the Inspector of Police, Ammapettai Police Station after concluding the investigation, has made ready a final report against the accused for the offences punishable under Sections 147, 148, 294(b), 448, 324, 326, 354 and 506(ii) of the Indian Penal Code.

4.The learned counsel for the petitioner is satisfied with the report of Mr.A.Robinson, learned Government Advocate (Criminal side).

5.Recording the submissions made by both the counsels, the Criminal Original Petition is disposed of with a direction to the third respondent to file the final report before the concerned Court within a period of two weeks from the date of receipt of a copy of this order/uploading of the order.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2021 Sub Assistant Registrar(CS) Rmk 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, Thanjavur, Thanjavur District.

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2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

4.The Inspector of Police, CBCID, Thanjavur District.

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

+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-8507[F] dated 03/03/2021 ) 01.03.2021 VB (30/04/2021) 3P / 7C 3/3