← Library
Madras High CourtCRL OP(MD)/16730/2021dismissed

Mustafa v. The Inspector General Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.16730 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.16730 of 2021 Mustafa

...Petitioner

Vs.

State represented by 1.The Inspector General of Police, O/o.Inspector General of Police, South Zone, Madurai.

2. The Superintendent of Police, O/o Superintendent of Police, Alagar Kovil Road, Madurai.

3.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Melur, Madurai District.

4. The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.518/2021)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the respondents 1 and 2 to transfer the investigation in Crime No.518/2021, dated 11.08.2021 is pending on the file of the fourth respondent to the any other competent/Independent Officer and to conduct investigation under the supervision of the respondents 1 and 2.

For Petitioner : Mr.S.Vanchinathan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the respondents 1 and 2 to transfer the investigation in Crime No.518/2021, pending on the file of the fourth respondent to any other competent/Independent Officer and to conduct investigation under the supervision of the respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.16730 of 2021 2.The learned Government Advocate (Crl.Side) would submit that on 18.09.2021, the respondent police had filed the final report before the learned Judicial Magistrate, Melur. RCS notice was also served on the petitioner.

3.However, the learned Counsel appearing for the petitioner would submit that no RCS notice was served on the petitioner. 4.Therefore, the fourth respondent police is directed to serve a copy of the RCS notice on the petitioner within a period of two weeks, from the date of receipt of a copy of the order. On receipt of the same, the petitioner is at liberty to file a protest petition before the concerned jurisdictional Magistrate, if so advised. 5.With the above observation, the criminal original petition is dismissed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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 Judicial Magistrate, Melur.

2.The Inspector General of Police, O/o.Inspector General of Police, South Zone, Madurai.

3. The Superintendent of Police, O/o Superintendent of Police, Alagar Kovil Road, Madurai.

4.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Melur, Madurai District.

5. The Inspector of Police, Melur Police Station, Madurai District.

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

Crl.O.P.(MD) No.16730 of 2021 26.04.2022 SS/25.05.2022 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2