Madras High CourtCRL OP(MD)/16816/2024disposed of

Senthilkumar v. The State Of Tamil Nadu

2024-10-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

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

State rep.by 1.The Superintendent of Police, Ramanathapuarm District, Ramanathapuram.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

4.Vishwa @ Vishwanathan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct respondents 1 and 2 to transfer the investigation in Crime No.29 of 2023 on the file of the third respondent to any other competent investigation agency.

For Petitioner : Mr.R.Mariappan 1/4

For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 to R3.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, to direct respondents 1 and 2 to transfer the investigation in Crime No.29 of 2023 on the file of the third respondent to any other competent investigation agency.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the compliant given by the petitioner, FIR came to be registered in Crime No.291 of 2023 on 13.12.2023 for the offence under Sections 379 IPC and Section 21(1) of MMDR Act against the one accused.

3. The learned counsel for the petitioner would submit that though the accused has been permitted to take sand in another land, he has taken sand in the petitioner's land without permission. 2/4

4. The learned Government Advocate (Criminal Side) appearing for the State would submit that after registration of FIR, they have examined four witnesses and the investigation is almost completed and that they are going to file a charge sheet shortly.

5. Recording the submission made by the learned Government Advocate (Criminal Side), the third respondent is directed to complete the investigation and file the final report before the jurisdictional Court within a period of one month from the date of receipt of copy of this order.

6. With the above observation and direction, this Criminal Original Petition stands disposed of.

03.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Superintendent of Police, Ramanathapuarm District, Ramanathapuram.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

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

Order made in Dated: 03.10.2024 4/4