K.Alagar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Alagar ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Orathanadu Sub Division, Thanjavur District, (Vattathikottai Police Station), in Crime No.225 of 2023

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to transfer the investigation in Crime No.225 of 2023 dated 29.03.2023 offence under Section 147, 148, 294(b), 324, 307 of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015 @ 147, 148, 294(b), 324, 307, 302 of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC/ST (POA) Amendment Act, 2015 pending on the file of the second respondent police to CBCID of any other investigation agency within the time stipulated by this Court.

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For Petitioner : Mr.M.Maran For Respondent : Mr.SS.Madhavan Government Advocate (Crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking transfer of investigation in Crime No.225 of 2023 dated 29.03.2023 from the file of the respondent No.2 police to CBCID. 2.It is submitted by the learned counsel for the petitioner/defacto complainant that the investigation is not being done properly and though the police have taken 5 months, no final report is filed so far. 3.Learned Government Advocate (Crl.side) on the other hand submits that there are about 13 accused, of which one of them is a Juvenile. The accused Nos. 1, 2 and 3 were having previous cases and rest of the accused were arrested and produced before the Court and the police have examined about 41 witnesses, out of which 3 injured persons and completed the investigation. It is submitted that the charge sheet is also prepared and the opinion of the legal advisor is awaited 2/4

and soon after getting the legal advise, the charge sheet will be filed before the concerned Court.

4.Once the investigation has already been completed, this petition seeking for transfer of investigation cannot be considered and accordingly, this Petition is closed.

Speaking : Yes / No 03.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu Sub Division, Thanjavur District, (Vattathikottai Police Station).

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.13886 of 2023 03.08.2023 4/4