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Madras High CourtCRL OP(MD)/16040/2021dismissed

A.Malaisamy v. The Superintendent Of Police

2022-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.16040 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.16040 of 2021 A.Malaisamy ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukottai (District).

2. The Inspector of Police, Panaiyapatti Police Station, Pudukottai (District).

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue a direction directing the respondent No.1 to withdraw the petitioner's complaint dated 24.09.2021 pending before the Respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the case based on the representation dated 30.09.2021 by this Court.

For Petitioner : Mr.V.Selvakumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent No.1 to withdraw the petitioner's complaint dated 24.09.2021 pending before the Respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the case based on the representation dated 30.09.2021 by this Court.

2.The petitioner lodged complaint before the second respondent police on 24.09.2021 and the enquiry is pending. 3.The learned Additional Public Prosecutor submitted that on the complaint lodged by the petitioner, F.I.R has not been registered till today.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.16040 of 2021 4.In view of the above, even before registration of F.I.R, the transfer of investigation does not arise. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Office of the Superintendent of Police, Pudukottai (District).

2.The Inspector of Police, Panaiyapatti Police Station, Pudukottai (District).

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

Crl.O.P(MD).No.16040 of 2021 25.02.2022 RS(21.03.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2