Madras High CourtCRL OP(MD)/15038/2021disposed of

R. Rajendran @ Tamil Rajendran v. The Superintendent Of Police

2021-10-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.15038 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15038 of 2021 R.Rajendran @ Tamil Rajendran ... Petitioner Vs.

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

2.The State represented by The Inspector of Police, Thanthonimalai Police Station, Karur.

(Crime No.501/2020).

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to change the investigation of the petitioner's case in Crime N.501/2020 from the file of the 2nd respondent to any other agency or officer.

For Petitioner : Mr.R.Narayanan For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking transfer of investigation from the file of the 2nd respondent to any other Agency or Officer. 2.Now the grievance of the petitioner is that even though the case has been registered for the offences punishable under Sections 147, 178, 323, 324, 447 and 506 (ii) of IPC, so far no accused persons have been arrested, even though they are available. It appears that it is a case and case in counter. 3.The learned Additional Public Prosecutor appearing for the respondents would submit that the investigation has been completed and the final report is also made ready and the respondents are awaiting to complete the official formalities. They will file the final report before the concerned Court within short time. 4.

Now the grievance of the petitioner as stated is that even though the accused persons are available, they have not been arrested so far. Perusal of final report shows that the accused person has been shows as absconding accused. After filing the final report before the concerned Court, if the petitioner is aggrieved by https://hcservices.ecourts.gov.

Crl.O.P.(MD) No.15038 of 2021 the contents of the same, he is at liberty to workout his remedy through the appropriate Court through appropriate proceedings. So, transfer of investigation after preparation of the final report is not proper and does not arise also.

5.With the aforesaid liberty, this petition is disposed of. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Karur District, Karur.

2.The Inspector of Police, Thanthonimalai Police Station, Karur.

COPY TO:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.NARAYANAN, Advocate (SR-31289[F] dated 05/10/2021) Crl.O.P.(MD)No.15038 of 2021 05.10.2021 SRK(CO) GC/UV(01.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2