Madras High CourtCRL OP(MD)/15047/2024disposed of

K.Kaliraj v. The State Of Tamil Nadu Rep By

2024-09-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Kaliraj ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi, 2.The Deputy Superintendent of Police, Vilathikulam, 3.The Inspector of Police, Tharuvaikulam Police Station, ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to withdraw the case in Crime No.57 of 2024 dated 13.06.2024 on the file of the third respondent and transfer any other investigating officer.

For Petitioner : Mr.N.Kamesh For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed seeking orders to direct the first respondent to withdraw the case in Crime No.57 of 2024 dated 13.06.2024 on the file of the third respondent and transfer any other investigating officer.

2. It is seen from the records that though the occurrence was happened as earlier as on 18.11.2023, subsequently as per the direction of the Special Court, FIR came to be registered in Crime No.57 of 2024 on 13.06.2024 for the alleged offences under Sections 147, 441, 294(b), 427 and 506(2) IPC and Sections 3(l)(r) and 3(l)(za)(E) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. The learned counsel appearing for the petitioner would submit that since the third respondent has refused to register the case, only as per the direction of the Special Court, FIR came to be registered and that the petitioner came to know that the third respondent alone has been proceeding with the investigation.

2/4

4. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that one Ramakrishnan, Deputy Superintendent of Police, Vilathikulam Sub Division was the investigating officer and since he was transferred, one Ashokan, Deputy Superintendent of Police, who assumed charge for the said Sub Division, is now investigating the same.

3. Recording the same, the second respondent is directed to proceed with the investigation and complete the same and file final report within a period of two months from the date of receipt of a copy of this order and the first respondent is directed to monitor the same.

4. With the above direction, the Criminal Original Petition stands disposed of.

09.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Thoothukudi, 3/4

K.MURALI SHANKAR,J.

csm 2.The Deputy Superintendent of Police, Vilathikulam, 3.The Inspector of Police, Tharuvaikulam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 09.09.2024 4/4