Madras High CourtCRL OP(MD)/17139/2023disposed of

M.Thangaraj v. The Commissioner Of Police

2023-12-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD)No. 14581 of 2023 M.Thangaraj .. Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai.

2.The Deputy Commissioner of Police (North), O/o. The Commissioner of Police, Madurai.

3.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Tallakulam, Madurai.

4.The Inspector of Police, South Gate Police Station, Madurai District.

In Crime No.488 of 2021 .. Respondents

PRAYER: Petition filed under Section 482 of Criminal Procedure Code to direct the 1st respondent to call for the records and set aside the charge sheet in C.C.No.1055 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai in Crime No.488 of 2021 and transfer the investigation and entrust further investigation herein to any other investigation officer not below the rank of Assistant Commissioner of Police within the jurisdiction of Madurai City under the direct supervision of the 1st respondent with a direction to conduct proper further investigation in the manner known to law and file complete final report within the time frame to be stipulated by this Court. For Petitioner :

Mr.S.Srikanth For Respondents :

Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to direct the 1st respondent to call for the records and set aside the charge sheet in C.C.No.1055 of 2023 on the file of the learned Judicial Magistrate No.IV, Madurai in Crime No.488 of 2021 and transfer the investigation and entrust further investigation herein to any other investigation officer not below the rank

of Assistant Commissioner of Police within the jurisdiction of Madurai City under the direct supervision of the 1st respondent with a direction to conduct proper further investigation in the manner known to law and file complete final report within the time frame to be stipulated by this Court.

2. The grievance of the petitioner is that, he gave a complaint against three persons but final report was filed implicating only one accused. Reading of the complaint shows that he has lodged a complaint against several persons who are known and unknown persons.

3. If it is so, he can very well file a protest petition before the trial Court. Without approaching the trial Court, he straightaway filed this petition seeking an order to set aside the cognizance and to issue direction for further investigation. Since such an efficacious remedy is available to the petitioner, he can first approach the trial Court and file a protest petition and get remedy there itself.

4. With this observation, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition stands closed. 20.12.2023 NCC :

Yes/No Index :

Yes/No Internet :

Yes/No pnn To 1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai.

2.The Deputy Commissioner of Police (North), O/o. The Commissioner of Police, Madurai.

3.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Tallakulam, Madurai. 4.The Inspector of Police, South Gate Police Station, Madurai District. In Crime No.488 of 2021 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.ILANGOVAN, J.

pnn Dated : 20.12.2023