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Madras High CourtCRL OP(MD)/12006/2024disposed of

D.Kumar v. The Superintendent Of Police

2024-07-30Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.12006 of 2024 D.Kumar ... Petitioner Vs

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

2. The Deputy Superintendent of Police, Lalgudi,Trichy District.

3. The Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.307 of 2023) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.307 of 2023 on the file of 3rd Respondent Police and entrust the same to any other competent officer for fair and free investigation. 1/5

For Petitioner : Mr.K.Arunraj For R-1 to R-3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.307 of 2023 on the file of 3rd respondent police and entrust the same to any other competent officer.

2. The learned Counsel for the petitioner submits that the petitioner's house has been robbed and the petitioner lost 35 sovereigns of gold. However, the respondent police have not conducted the investigation in a proper manner.

3. The learned Government Advocate (Crl. Side) on instruction from the respondent police submits that they have collected the CCTV footages and have examined nine witnesses.

4. Though the respondent police claims that they have collected 2/5

the CCTV footage, they have not fixed the accused so far. It is also reported that the fingerprints had been taken from the place of occurrence, but, for the past one year they have not fixed the accused.

5. Therefore, this Court is directing the Superintendent of Police, Trichy to look into the issue and find out whether the investigation was conducted in a proper manner. In the event, if the investigation was not conducted in a proper manner, the Superintendent of Police shall withdraw the case on the file of the third respondent and transfer the same to any other competent officer.

6. With the above said direction, this Criminal Original Petition is disposed of.

30.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes jbr 3/5

To

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

2. The Deputy Superintendent of Police, Lalgudi,Trichy District.

3. The Inspector of Police, Samayapuram Police Station, Trichy District.

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

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B.PUGALENDHI,J jbr Order made in Crl.O.P.(MD)No.12006 of 2024 30.07.2024 5/5