Madras High CourtCRL OP(MD)/19128/2016dismissed

Ganesan v. The Commissioner Of Police,

2020-10-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.19128 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.10.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.19128 of 2016 Ganesan ... Petitioner Vs 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Trichy Railway Police Station, Trichy District.

... Respondents PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to direct the first respondent to transfer the investigation in Crime No.436 of 2015 on the file of the second respondent to any other agency based on the petitioner's representation dated 03.09.2016.

For Petitioner : Mr.T.Lenin Kumar For Respondents : M/S.M.Anandhadevi Government Advocate (Crl Side)

ORDER

This petition has been filed to transfer the investigation in Crime No.436 of 2015 on the file of the second respondent police to any other investigating agency.

2.The learned Government Advocate (criminal side) appearing for the respondent Police submitted that the investigation has been completed in Crime No.436 of 2015, subsequently, the offence has been altered into under Section 306 of IPC and the respondent police yet to file charge sheet.

3.Considering the said submission, this Court is of the view that the prayer sought for in this petition cannot be granted now. Therefore, this criminal original petition is dismissed. However, considering the crime is of the year 2015, the second respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.19128 of 2016 Police is directed to file a final report within a period of eight weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed. Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg 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 Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, Trichy Railway Police Station, Trichy District.

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

Crl.O.P.(MD).No.19128 of 2016 07.10.2020 ARK(CO) KM (21.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2