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Madras High CourtCRL OP(MD)/14792/2018dismissed

Padmaursula v. The Superintendent Of Police

2019-11-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.14792 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.14792 of 2018 Padmaursula

...Petitioner

Vs.

1. The Superintendent of Police Kanyakumari District

2. The Inspector of Police Vadasery Police Station Kanyakumari District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the first respondent to transfer the investigation of Crime No. 212 of 2018 from the file of the second respondent to some other unbiased police or competent agency to conduct fair and impartial investigation.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction direct the first respondent to transfer the investigation of Crime No. 212 of 2018 from the file of the second respondent to some other unbiased police or competent agency to conduct fair and impartial investigation

2. The Government Advocate (Crl.Side) would submit that the respondent police have completed investigation in Crime No. 212 of 2018 and also filed final report before the concerned court and the same has been taken cognizance in STC No. 01 of 2019 and at this stage the case cannot be transferred from second respondent to any other agency.

3. Hence this Criminal Original Petition is dismissed. The only grievance of the petitioner is that provision under Section 323 of IPC has not been added in the final report. However the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14792 of 2018 petitioner is always at liberty to invoke provisions under Section 319 of Cr.P.C during trial if any incriminating materials found against the accused persons.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Kanyakumari District

2. The Inspector of Police Vadasery Police Station Kanyakumari District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-100758[F] dated 22/11/2019 ) Crl.O.P.(MD) No.14792 of 2018 21.11.2019 JMN(09.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2