← Library
Madras High CourtCRL OP(MD)/16656/2019disposed of

S. Dharmaraj v. The Superintendent Of Police

2019-11-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No. 16656 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No. 16656 of 2019 S. Dharmaraj ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

(In Crime No.313 of 2019)

4. Karthikeyan

5. Balan

6. Muthu

7. Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to issue a direction, directing the 1st respondent to withdraw the case in Cr No.313 of 2019 pending on the file of the respondent no.3 and entrust the same to respondent no.2 for investigation of the case by a competent officer and file a final report.

For Petitioner : Mr.A.C. Asaithambi For R-1 to R-3 : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition is filed to direct the 1st respondent to withdraw the case in Cr No.313 of 2019 pending on the file of the respondent no.3 and entrust the same to respondent no.2 for investigation of the case by a competent officer and file a final report.

2. The learned counsel appearing for the petitioner submitted that based on a complaint lodged by the petitioner as well as the respondents-4 to 7, two cases have been registered in Crime No.312 of 2019 and 313 of 2019 for the very same occurrence. He further submitted that the third respondent closed the FIR registered as https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 16656 of 2019 against the respondents-4 to 7 herein. Therefore, he sought for transfer of investigation from the file of the third respondent to some other investigating agency.

3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.

4. It is admitted fact that based on the very same occurrence two FIR has been registered and as such the third respondent should follow the police standing order and complete the investigation and file final report in both the FIR in Crime Nos.312 & 313 of 2019, within a period of Eight Weeks from the date of receipt of a copy of the order. Further, the second respondent is directed to monitor the investigation done by the third respondent.

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

Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS ) ksa To

1. The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

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

+1 CC to Mr.A.C.ASAITHAMBI, Advocate ( SR-98655[F] dated 15/11/2019 ) Order made in CRL.O.P (MD) No.16656 of 2019 15.11.2019 MK (11.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2