← Library
Madras High CourtCRL OP(MD)/4423/2018dismissed

Mookan, v. The Superintendent Of Police,

2019-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No.4423 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.4423 of 2018 Mookan ... Petitioner Vs.

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

2.The Sub-Inspector of Police, M.Kallupatti Police Station, Madurai District.

... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to withdraw the investigation of the case in Crime No.270 of 2017 on the file of 2nd respondent and transfer the same to any other appropriate investigation officer or agency to conduct fair and free investigation and file a final report before the Jurisdictional Magistrate within the time frame fixed by this Court. For Petitioner : Mr.T.Vadivelan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This petition has been filed to transfer the investigation in Crime No.270 of 2017 registered for an offence under Sections 447, 379, 294(b), 323 and 506(i) of IPC.

2. The learned Government Advocate (Crl.side) submitted that the second respondent almost completed the investigation and about to file a final report. Therefore, at this stage, if the investigation transferred to any other agency, the entire investigation would be affected and this Court cannot be transferred the investigation at this stage.

3. Considering the above facts, this Court is not inclined to transfer the investigation to any other agency. Hence, this Criminal Original Petition stands dismissed. However, the second respondent is directed to complete the investigation and file final https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.4423 of 2018 report before the concerned Magistrate, within a period of four weeks from the date of receipt of a copy of this Order. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Sub-Inspector of Police, M.Kallupatti Police Station, Madurai District.

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

+1 CC to Mr.T.VADIVELAN, Advocate ( SR-86617[F] dated 13/09/2019 ) Crl.O.P(MD).No.4423 of 2018 12.09.2019 vsd MK (30.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2