Madras High CourtCRL OP(MD)/16049/2024disposed of

M.Shanmugam v. The Director General Of Police

2024-09-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P(MD)No.10108 of 2024 M.Shanmugam ... Petitioner Vs.

1.The Director General of Police, Chennai, Tamil Nadu.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The CBCID, 7, Kamarajar 1st Street, Chinna Chokkikulam Near IOB Back Side, Madurai 625 002.

4.The Inspector of Police, Kulasekaranpattinam Police Station, Thoothukudi District.

Crime No.188 of 2024.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to withdraw the case in Crime No.188 of 2024 on the file of the fourth respondent and entrust the same to the third respondent for investigation.

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For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the second respondent to withdraw the case in Crime No.188 of 2024 on the file of the fourth respondent and entrust the same to the third respondent for investigation.

2. It is seen from the records that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.188 of 2024 for the alleged offences under Section 296(b), 109, 351(3) and 49 of BNS.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that out of six accused, they have secured A3 to A6 and that the first accused has filed a petition for anticipatory bail in Crl.O.P(MD)No.14263 of 2024 and this Court vide order, dated 03.09.2024, dismissed the same. He would further submit that they have examined 13 witnesses and that the investigation is pending. 2/4

4. Recording the same, the fourth respondent is directed to proceed with the investigation and the Deputy Superintendent of Police, Tiruchendur Sub Division is directed to monitor the investigation.

5. With the above direction, the Criminal Original Petition is disposed of.

24.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Director General of Police, Chennai, Tamil Nadu.

2.The Superintendent of Police, Thoothukudi District, Thoothukudi.

3.The Deputy Superintendent of Police, Tiruchendur Sub Division.

Thoothukudi District 4.The CBCID, 7, Kamarajar 1st Street, Chinna Chokkikulam Near IOB Back Side, Madurai 625 002.

5.The Inspector of Police, Kulasekaranpattinam Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 24.09.2024 4/4