K.Sankar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN CRL.O.P.(MD)No.12586 of 2023 K.Sankar ... Petitioner Vs.

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

2.The Inspector of Police, Central Police Station, Thoothukudi.

(In Crime No.36 of 2023) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, praying this Court to direct the 1st respondent to transfer the investigation of Crime No.36 of 2023 from the file of the 2nd respondent and entrust the same to a responsible police officer not below the rank of Deputy Superintendent of Police with a direction to investigate and file charge sheet and to take suitable action against the accused in accordance with law within the period that may be stipulated by this Court.

For Petitioner : Mr.B.Janarth Kumar For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) 1/4

O RDER This petition is filed seeking for a direction to the 1st respondent to transfer the investigation of Crime No.36 of 2023 from the file of the 2nd respondent and entrust the same to a responsible police officer not below the rank of Deputy Superintendent of Police with a direction to investigate and file charge sheet and to take suitable action against the accused in accordance with law within the period that may be stipulated by this Court. 2.

It is submitted by the learned counsel appearing for the petitioner that having availed loan from the petitioner's Company, the borrower committed default and when the representative of the petitioner's Company went to the house of the borrower, the borrower said to have abused and threatened the representative and the vehicle given by the petitioner's Company under hire purchase said to have been destroyed. On a complaint given by the petitioner, a case has been registered against the borrower in Crime No.36 of 2023. It is the grievance of the petitioner that even after registration of the case, the respondent Police could not effect arrest of the accused, since he is a highly influential person and he has not even obtained anticipatory bail.

3.The learned Government Advocate (Crl.Side) appearing for the respondents, on the other hand, submitted that the respondent Police have completed the investigation on 10.07.2023 and they are going to file final report as soon as possible.

4.The same is recorded. Since the very purpose of filing this petition seeking transfer of investigation has been defeated on account of completion of investigation, no further orders are required to be passed in this petition. Accordingly, this Criminal Original Petition is disposed of. 13.07.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No Yuva To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Central Police Station, Thoothukudi.

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DR.D.NAGARJUN. J.

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

CRL.O.P.(MD)No.12586 of 2023 13.07.2023 4/4