Madras High CourtCRL OP(MD)/10137/2018dismissed

Abdul Wahab v. The Superintendent Of Police

2019-11-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.10137 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.10137 of 2018 Abdul Wahab ... Petitioner Vs.

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

2.State rep. by, The Inspector of Police, Papanasam Police Station, Thanjavur District.

(Crime No.445 of 2016) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in Crime No.445 of 2016, dated 01.12.2016 on the file of the 2nd respondent police, to some other impartial Investigating Agency.

For Petitioner : Mr.T.Lajapathi Roy For Respondents: Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) ***

O R D E R

This petition has been filed to direct the first respondent to transfer the investigation in Crime No.445 of 2016, dated 01.12.2016 on the file of the 2nd respondent police, to some other impartial Investigating Agency.

2.The learned Government Advocate (Crl.side) appearing for the respondents would submit that on the complaint lodged by the petitioner the second respondent police has registered the case in Crime No.445 of 2016 and also completed the investigation and the same was closed as ''Action Dropped''. Therefore, transfer of investigation does not arise in this petition. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.10137 of 2018 3.Recording the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed. However, the second respondent is directed to serve the copy of the referred charge sheet to the petitioner forthwith in Crime No.445 of 2016. On receipt of the same, the petitioner is at liberty to file a protest petition, before the jurisdictional Magistrate concerned in the manner known to law.

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

2.The Inspector of Police, Papanasam Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.10137 of 2018 07.11.2019 VB(27.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4