Madras High CourtCRL OP(MD)/18999/2021disposed of

Usaikumar v. The Superintendent Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18999 of 2021 and Crl.M.P.(MD)No.10542 of 2021 Usaikumar ... Petitioner Vs 1.The Superintendent of Police, O/o. Superintendent of Police, 2.The Deputy Superintendent of Police, D.S.P.Office, Cheranmahadevi Sub Division, 3.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department (CBCID) No.38, Sankar Colony, Thiruchendur Road, Palayamkottai, Tirunelveli 627 002.

4.The Inspector of Police, Munneerpallam Police Station, (Crime No.73/2019) ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to transfer the investigation to the third respondent office for conducting fair and impartial investigation in Crime No.73 of 2019 on the file of the fourth respondent.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

2. The petitioner is the defacto complainant in Crime No.73 of 2019 registered on the file of the Munneerpallam Police Station for the offences under Sections 147, 148, 341, 294(b), 506(2) & 302 of 1/3

IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(v) & 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. I am not inclined to entertain this petition for the simple reason that the petitioner had earlier filed a petition for the very same relief and the same was disposed of on 25.06.2019 in Crl.O.P. (MD)No.7775 of 2019. It was directed that the second respondent herein shall complete the investigation under the direct supervision of the Superintendent of Police, Tirunelveli. Pursuant to the aforesaid direction, final report has now been filed on 12.08.2021 before the Judicial Magistrate No.5, Tirunelveli.

4. The Judicial Magistrate No.5, Tirunelveli is directed to take the final report on file and conclude the proceedings on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. Thereafter, it is for the jurisdictional Court to expedite the proceedings.

5. With this direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 Judicial Magistrate No.5, Tirunelveli.

2.The Superintendent of Police, O/o. Superintendent of Police, 3.The Deputy Superintendent of Police, D.S.P.Office, Cheranmahadevi Sub Division, 2/3

4.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department (CBCID) No.38, Sankar Colony, Thiruchendur Road, Palayamkottai, Tirunelveli 627 002.

5.The Inspector of Police, Munneerpallam Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.18999 of 2021 02.12.2021 MGJ(13.12.2021) 3P 7C 3/3