Madras High CourtCRL OP(MD)/3407/2018disposed of

Milton, v. The South Zone I.G.,

2022-09-13Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P(MD).No.2858 of 2018 Milton : Petitioner Vs.

1.The South Zone I.G., Madurai, Tamil Nadu.

2.The Superintendent of Police, Kanyakumari District, at Nagercoil.

3.The Inspector of Police, Kulasekharam Police Station, Kulasekharam, Kanyakumari District.

: Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to consider the representation given by the petitioner dated 21.11.2017 and thereby to order change of investigation through CBCID or through any other mode of investigation for the FIR No. 368 of 2017 registered by the third respondent. 1/4

For Petitioner : Mr.G.Cenil For Respondents : Mr.A.Thiruvadi Kumar Additional Public PRosecutor

ORDER

This petition was filed seeking for transfer of investigation in Crime No.368 of 2017, which was pending investigation before the third respondent police.

2.When the petition was taken up for final hearing, the learned Additional Public Prosecutor appearing on behalf of the respondent Police submitted that the investigation was completed and final report was filed before the Subordinate Court/Additional Sessions Judge, Padmanabhapuram, and it was taken on file in S.C.No.116 of 2019 for an alleged offence under Section 306 of IPC. He further submitted that the case is now at the stage of trial.

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3.The learned counsel appearing on behalf of the accused person submitted that the trial is now in an advanced stage and already there is an order passed by this Court in W.P(MD).No.11616 of 2019, dated 21.08.2019, directing the trial to be completed within a stipulated time. 4.In view of the above development, there is no scope for passing any order transferring the investigation at this stage. The trial Court is directed to expedite the trial and complete the proceedings as expeditiously as possible. This Criminal Original Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. 13.09.2022 (1/2) Index:Yes/No Internet: Yes/No Rmk 3/4

N.ANAND VENKATESH, J., Rmk To 1.The South Zone I.G., Madurai, Tamil Nadu.

2.The Superintendent of Police, Kanyakumari District, at Nagercoil.

3.The Inspector of Police, Kulasekharam Police Station, Kulasekharam, Kanyakumari District.

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

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