Madras High CourtCRL OP(MD)/6741/2018dismissed

Kovil Pitchai v. The Superintendent Of Police

2019-10-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.6741 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.6741 of 2018 and Crl.M.P.(MD)No.3259 of 2018 Kovil Pitchai ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District @ Dindigul.

2.The Inspector of Police, Ambilikai Police Station, Dindigul District.

(In Crime No.60 of 2018) 3.Muthusamy ..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation of the case in Crime No.60 of 2018, pending on the file of the second respondent to any other competent agency for a proper and fair investigation and consequently direct the first respondent to monitor the investigation under his supervision.

For Petitioner : Mr.N.Sathish Babu For R1 & R2 : Mr.R.Anandharaj Additional Public Prosecutor ***

O R D E R

This petition is filed to direct the first respondent to transfer the investigation of the case in Crime No.60 of 2018, pending on the file of the second respondent to any other competent agency for a proper and fair investigation and consequently direct the first respondent to monitor the investigation under his supervision.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.6741 of 2018 2.The learned counsel for the petitioner would submit that the petitioner is not an accused in Crime No.60 of 2018 and there is no specific allegation as against him. On the complaint lodged by the third respondent, the second respondent called the petitioner for enquiry and harassed him. Therefore, he wants to transfer the investigation from the file of the second respondent to any other competent agency. Though he is not a named accused, the second respondent called the petitioner for enquiry in respect of Crime No.60 of 2018 on the complaint lodged by the third respondent herein. Therefore, the petitioner has to attend the enquiry and he cannot choose the investigation officer according to his convenient.

3. In the result, this Criminal Original Petition is devoid of merits and it is dismissed. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) vsd To 1.The Superintendent of Police, Dindigul District @ Dindigul.

2.The Inspector of Police, Ambilikai Police Station, Dindigul District.

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

Crl.O.P.(MD).No.6741 of 2018 and Crl.M.P.(MD)No.3259 of 2018 24.10.2019 CS(15.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2