Madras High CourtCRL OP(MD)/19041/2022disposed of

S.Madathi v. The Superintendent Of Police

2022-11-03Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP S.Madathi

...Petitioner

Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

(Crime No.56 of 2022)

...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.56 of 2022 on the file of the second respondent police to any other officer and to add the relevant penal Sections in the FIR attracted as per the averments in the complaint.

For Petitioner :Mr.P.Thoothai Muniasamy for M/s.Spicy Law Firm For Respondents :Mr.R.Sivakumar Government Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the investigation of Crime No.56 of 2022 on the file of the second respondent police to any other officer and to add the relevant penal Sections in the FIR attracted as per the averments in the complaint. 2.The learned Government Advocate (Crl.side) appearing for the Respondents submitted that originally the case has been registered for the offences under Sections 294(b) and 323 of IPC. Subsequently, the Petitioner herein had indulged in Section 4 of TNPWH Act. Accordingly on receipt of the same, the second Respondent had included the said provision of law also. He would further submit that the Complainant and the Petitioner are relatives. There is a dispute regarding storing of sand, which was protested by the Petitioner. Therefore, there was a clash between them.

3. On perusal of CD file, it is seen that the investigation has proceed fairly. There is nothing to transfer the investigation to different Agency. 2/4

4.In the light of the same, this Criminal Original Petition stands disposed of with a direction to the Investigation Officer to file a final report within a period of one month from the date of receipt of a copy of this order. 03.11.2022 Index:Yes/No vsd To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Theriruveli Police Station, Ramanathapuram District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

vsd 03.11.2022 4/4