Arulraj v. The Director General Of Police

Crl.O.P(MD).No.10249 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.10249 of 2018 Arulraj ... Petitioner/De-facto Complainant Vs.

1. The Director General of Police, Office of the Director General of Police, Mylapore, Chennai - 4.

2. The Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Inspector of Police, CBCID Police, Virudhunagar.

4. The Inspector of Police, Sethur Rural Police Station, Virudhunagar District.

(In Crime No.88 of 2018) ... Respondents / Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to order change of investigation in the matter relating to the Crime No.88 of 2018 on the file of the fourth respondent and entrust the same to respondent No.3 for investigation of the case and file a charge sheet before the appropriate Jurisdictional Magistrate within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This petition has been filed seeking a direction to the first respondent to change of investigation in Crime No.88 of 2018 from the file of the 4th respondent and entrust the same to the respondent No.3 for investigation of the case and file a charge sheet before the appropriate Jurisdictional Magistrate.

2. The learned Government Advocate (Crl.side) appearing for the respondents would submit that on the complaint lodged by the petitioner, the 4th respondent has registered the case in Crime No.88 of 2018 for the offences under Sections 294(b), 324, 506(ii) of IPC https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.10249 of 2018 and Section 3 of TNPDL Act. After completion of investigation, the respondent police has filed a final report and the same has been taken cognizance in C.C.No.57 of 2019 on the file of the learned Judicial Magistrate, Rajapalayam and it is pending for trial. Therefore, the change of investigation will affect the investigation done by the respondent police.

3. Considering the above facts and circumstances of the case, the change of investigation cannot be considered at this stage. Hence, this Criminal Original Petition is dismissed as devoid of merits. However, the grievance of the petitioner is to implead the other accused person. The petitioner is at liberty to invoke provision under Section 319 of Cr.P.C. before the trial Court during the trial.

Sd/- Assistant Registrar (Ad-II) // True Copy // Sub Assistant Registrar(CS) To

1. The Director General of Police, Office of the Director General of Police, Mylapore, Chennai - 4.

2. The Superintendent of Police, Virudhunagar District, Virudhunagar.

3. The Inspector of Police, CBCID Police, Virudhunagar.

4. The Inspector of Police, Sethur Rural Police Station, Virudhunagar District.

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

Crl.O.P(MD).No.10249 of 2018 07.11.2019 VSD sma(26.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2