M.Dinesh v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.(MD) Nos.15341 and 15351 of 2022 and Crl.M.P(MD) Nos. 10062 and 10075 of 2022 For Crl.O.P(MD)No.15341 of 2022 M.Dinesh, : Petitioner Vs

1. The State represented by The Superintendent of Police, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to transfer the investigation in Crime No.25/2022 dated 17.06.2022 on the file of the second respondent, to the file of the third respondent or to 1/6

any other competent Investigation Agency on the basis of the petitioner's respresentation dated 25.07.2022.

For Crl.O.P(MD)No.15351 of 2022 M.Dinesh, : Petitioner Vs

1. The State represented by The Superintendent of Police, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to transfer the investigation in Crime No.30/2022 dated 18.07.2022 on the file of the second respondent, to the file of the third respondent or to any other competent Investigation Agency on the basis of the petitioner's respresentation dated 25.07.2022.

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For Petitioner : Mr. Shankar Ganesh.R, For Respondents : Mr.R.Suresh Kumar, Government Advocate (Crl.Side) COMMON ORDER This criminal original petition has been filed seeking a direction to transfer the investigation in Crime Nos.25 and 30 of 2022, from the file of the second respondent, to the file of the third respondent or to any other competent Investigation Agency on the basis of the petitioner's respresentation dated 25.07.2022.

2.The learned Counsel appearing for the petitioner submitted that repeatedly, the respondent police registered a case against the petitioner and seized his mobile phone. Again, the respondent police registered a case and seeking to produce his mobile phone. Hence these petitions have been filed. 3.The learned Government Advocate (Crl.Side) submitted that the petitioner is an accused person in Crime Nos.25 and 30 of 2022. Both the cases are under investigation.

4.I have considered the matter in the light of the submissions made by 3/6

the Counsels appearing for the parties.

5.On a perusal of records, the fact reveals that it is not disputed that the petitioner is the accused person in Crime Nos.25 and 30 of 2022, which are under investigation.

6.In view of the above, this Court is of the opinion that an accused person has no right to choose the investigation officer. Therefore, these criminal original petitions are dismissed. Consequently, connected miscellaneous petitions are closed.

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To 1.The Superintendent of Police,

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

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V.SIVAGNANAM, J.

lr Crl.O.P.(MD) No. 15341 and 15351 of 2022 26.08.2022 6/6