Madras High CourtCRL OP(MD)/19381/2021disposed of

K.Kalai Arasan v. The Director General Of Police

2021-12-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19381 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19381 of 2021 K.Kalai Arasan ... Petitioner/Defacto Complainant Vs.

The State represented by

1. The Director General of Police, Tamilnadu Police Department, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, CBCID, Tamilnadu, ADGP, CBCID Office, Egmore, Chennai - 600 008.

3. The Superintendent of Police, Virudhunagar, Collector Office Complex, Virudhunagar District.

4. The Deputy Superintendent of Police, CBCID, Madurai Range, Madurai.

5. The Sub Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer investigation in unnumbered complaint dated 20.06.2021 pending on the file of Irukkankudi Police Station, Virudhunagar District to Superintendent of CBCID, Madurai Range or whoever is the competent authority.

For Petitioner : Mr.G.Rajasekar For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The petitioner states that he has given a complaint against the jurisdictional Deputy Superintendent of Police and that it is not being taken up for investigation. According to the petitioner, even an FIR has not been registered. The petitioner can very well move the jurisdictional Magistrate Court for relief under Section 156(3) of CrPC. He can also file a private complaint. When such effective statutory remedies are available to the petitioner, the question of directly invoking Section 482 of CrPC does not arise. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19381 of 2021 3.Leaving open the petitioner's rights and other remedies, this criminal original petition is disposed of. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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 Director General of Police, Tamilnadu Police Department, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, CBCID, Tamilnadu, ADGP, CBCID Office, Egmore, Chennai - 600 008.

3. The Superintendent of Police, Virudhunagar, Collector Office Complex, Virudhunagar District.

4. The Deputy Superintendent of Police, CBCID, Madurai Range, Madurai.

5. The Sub Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

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

Crl.O.P(MD)No.19381 of 2021 08.12.2021 USK (20.12.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2