Madras High CourtCRL OP(MD)/16307/2019disposed of

Balamurugan v. The Superintendent Of Police

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

Crl.O.P.(MD)No.16307 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.16307 of 2019 Balamurugan

...Petitioner/De-facto Complainant

Vs.

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

2.The Deputy Superintendent of Police, Thiruchuli Division, Thiruchuli, Virudhunagar District.

3.The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to transfer the investigation of FIR in Crime No.288 of 2019 to some other police officers of same rank or to the police officers above the rank of the Inspector of Police by invoking Section 36 of Cr.P.C. For Petitioner : Mr.A.Balaji For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) ***

O R D E R

This petition has been filed to direct the first respondent to transfer the investigation case in Crime No.288 of 2019 to some other police officers of the same rank or to the above the rank of the Inspector of Police by invoking Section 36 of Cr.P.C. 2.It is seen that based on the complaint lodged by the petitioner the third respondent registered the case in Crime No.288 of 2019 for the offences under Sections 294(b) and 324 of IPC. 3.The learned counsel for the petitioner would submit that even though the petitioner sustained grievous injury on his head, the third respondent did not register the case for the offence under Section 307 of IPC.

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Crl.O.P.(MD)No.16307 of 2019 4.Considering the above facts and circumstances of the case, the third respondent is directed to conduct investigation and during investigation if any cognizable offence is found under Section 307 of IPC, the third respondent is directed to file a final report accordingly in Crime No.288 of 2019 within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Thiruchuli Division, Thiruchuli, Virudhunagar District.

3.The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.

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

+1 CC to Mr.A.BALAJI, Advocate ( SR-97255[F] dated 11/11/2019 ) Crl.O.P.(MD)No.16307 of 2019 11.11.2019 VB(30.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2