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Madras High CourtCRL OP(MD)/12543/2019disposed of

Mohanraj v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD) No.12543 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12543 of 2019 Mohanraj

...Petitioner

Vs.

1. The Deputy Superintendent of Police Musiri Trichy District

2. The Inspector of Police Kattuputhur Police Station Kattuputhur, Trichy District

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent to withdraw the case in Crime No. 84 of 2019 on the file of the second respondent and transfer the same to any other competent investigating officer or agency based on the petitioner's representation dated 17.07.2019. For Petitioner : Mr.K.Arunraj For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction direct the first respondent to withdraw the case in Crime No. 84 of 2019 on the file of the second respondent and transfer the same to any other competent investigating officer or agency based on the petitioner's representation dated 17.07.2019.

2. The learned counsel for the petitioner would submit that the respondent police have not impleaded the real accused and they are going to file the final report with some other persons.

3. The Government Advocate (Crl.Side) would submit that the respondent police have completed investigation in Crime No. 84 of 2019 and they are going to file final report before the concerned court and at this stage the case cannot be transferred from second respondent to any other agency.

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Crl.O.P.(MD) No.12543 of 2019

4. Considering the facts and circumstances of the case the second respondent police is directed to file the final report within a period of two weeks. However the petitioner is always at liberty to invoke provisions under Section 319 of Cr.P.C during trial if any incriminating materials found against the accused persons.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Deputy Superintendent of Police Musiri, Trichy District.

2. The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Trichy District.

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

+1 CC to Mr.K.ARUNRAJ, Advocate SR-85834.

Crl.O.P.(MD) No.12543 of 2019 09.09.2019 CS(24.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2