Mohammed Bahir v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P(MD) No.13786 of 2023 Mohammed Bahir ... Petitioner Vs 1.The Superintendent of Police, Ramanthapuram District.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

3.The Inspector of Police, CBCID, Ramanthapuram, Ramanathapuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.151 of 2023 pending on the file of the second respondent and entrust the same to the file fo the third respondent.

For Petitioner : Mr.G.Vishnuram For Respondents : Mr.S.S.Madhavan Government Advocate (Criminal side) 1/4

O R D E R

This Criminal Original Petition is filed seeking for a direction to transfer the investigation in Cr.No.151 of 2023 from the second respondent and entrust the same to the third respondent.

2. It is alleged that since the police have not been properly investigating the case and have not recovered Rs.8,28,600/-, hence, sought for transfer of investigation to other police agency.

3. The learned Government Advocate (Crl.side) appearing for the respondents, on the other hand, submitted that as per the investigation of the police, the petitioner himself has handed over his vehicle to the accused. It is also submitted that the police enquired the petitioner about source of Rs.8,68,600/- and the petitioner stated to have informed the police that he borrowed money from one Kalimuthu, however said Kalimuthu has informed police that he has not advanced any money to the petitioner. The learned Government Advocate (Crl.side) appearing for the respondents has shown the court copy of the status of Kalimuthu.

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4. Considering the submission of the learned Government Advocate, this Court satisfied that there are no lapses in the investigation, which requires to transfer the investigation. In case, the petitioner is aggrieved by the out come of the investigation he is at liberty to approach the concerned Court for suitable directions.

5. Accordingly, this Criminal Original petition is disposed of. NCC:yes/no Index:yes/no 02.08.2023 Internet:yes/no am To 1.The Superintendent of Police, Ramanthapuram District.

2.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

3.The Inspector of Police, CBCID, Ramanthapuram, Ramanathapuram District.

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

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DR.D.NAGARJUN, J.

am Crl.O.P.(MD)No.13786 of 2023 02.08.2023 4/4