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Madras High CourtCRL OP(MD)/16861/2023disposed of

Mohamed Kani v. The Superintendent Of Police

2023-11-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Mohamed Kani ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Thanjavur, Thanjavur District.

2.The Inspector of Police, Thanjavur Town East Police Station, Thanjavur District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to transfer the criminal case in Crime No.407 of 2023 on the file of the 2nd respondent to any other officer not below the rank of the Deputy superintendent of Police to investigate the matter and to file final report.

For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

O R D E R This Criminal Original Petition has been filed to direct the 1st respondent to transfer the criminal case in Crime No.407 of 2023 on the file of the 2nd respondent to any other officer not below the rank of the Deputy superintendent of Police to investigate the matter and to file final report.

2. The learned counsel for the petitioner would submit that grievous injury is suffered by the petitioner, but no proper penal provision is added in Crime No.407 of 2023.

3. The learned Government Advocate (Crl.side) would submit that after completing the investigation, penal provision is altered into Section 326 IPC and Final Report has been filed before the learned Judicial Magistrate No.I, Thanjavur, on 24.08.2023.

4. In view of the above said development, if the petitioner still got any grievance, he can workout his remedy through appropriate proceedings, at that time of trial process before the concerned trial Court itself.

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5. With the above said liberty, this Criminal Original Petition is disposed of.

10.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Superintendent of Police, Thanjavur, Thanjavur District.

2.The Inspector of Police, Thanjavur Town East Police Station, Thanjavur District.

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

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G.ILANGOVAN. J.

Indu 10.11.2023 4/4