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Madras High CourtCRL OP(MD)/15611/2024disposed of

Tamil Selvi v. The Inspector General Of Police

2024-09-18Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Tamil Selvi : Petitioner/Accused Vs.

1.The Inspector General of Police, South Zone, Madurai District.

2.The Commissioner of Police, Tirunelveli District, Tirunelveli, 3.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

Crime No.302 of 2024.

4.The Inspector of Police, CBCID, Tirunelveli District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to withdraw the case in Crime No.302 of 2024 on the file of the third respondent and transfer the same to the file of the fourth respondent or any other order or direction For Petitioner : Mr.C.Christopher, for Mr.G.Thalai Mutharasu.

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For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 & R2.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to withdraw the case in Crime No.302 of 2024 on the file of the third respondent and transfer the same to the file of the fourth respondent or any other order or direction

2. It is evident from the records that on the basis of the complaint given by the deceased brother Muthukumar, FIR came to be registered in Crime No.302 of 2024, dated 20.05.2024 for the alleged offence under Section 302 IPC against some unknown persons.

3. The main contention of the petitioner is that the respondent police has not added the persons, who instigated and funded for the occurrence.

4. The learned Government Advocate (Criminal Side) appearing for the State would submit that so far 18 persons were arrested and after completing the investigation, the Assistant Commissioner of Police has 2/4

already filed the final report before the jurisdictional Court and the case was taken on file in S.C.No.75 of 2024, pending on the file of the Additional Sessions Court No.II, Tirunelveli.

5. The learned counsel for the petitioner would submit that out of 18 accused, 14 accused were given statutory bail.

6. But the learned Government Advocate (Criminal Side) would submit that though 14 accused have obtained statutory bail, before furnishing the sureties, charge sheet came to be filed and the case was taken on file.

7. Recording the submission made by the learned Government Advocate (Criminal Side), the Criminal Original Petition is disposed of. The petitioner is at liberty to file a protest petition, if so advised. 18.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The Inspector General of Police, South Zone, Madurai District.

2.The Commissioner of Police, Tirunelveli District, Tirunelveli, 3.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

4.The Inspector of Police, CBCID, Tirunelveli District.

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

Order made in Dated: 18.09.2024 4/4