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Madras High CourtCRL OP(MD)/16521/2018dismissed

Prem Kumar@Arun v. The Superintendent Of Police

2021-09-01Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD).No.16521 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.09.2021

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD).No.16521 of 2018

1. Prem Kumar @ Arun Rep by its father and natural guardian Ramar

2. Akkiniraj ... Petitioners -vs1. The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Palayanur Police Station, Sivagangai District.

4. Maheswaran ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent No.1 to transfer the investigation of the case in Cr.No.32 of 2018 pending on the file of the third respondent Police to any other independent agency or officer under the direct supervision of the first respondent and further to file the final report in the said case within a reasonable time period as fixed by this Court. For Petitioner : Mr.P.Senguttuarasan (No appearance) For Respondents : Mr.S.Ravi (R1 to R3) Standing Counsel for State

O R D E R

This Criminal Original Petition is filed praying to direct the 1st respondent to transfer the investigation of the case in Cr.No.32 of 2018 pending on the file of the third respondent Police to any other independent agency or officer under the direct supervision of the first respondent and further to file the final report in the said case.

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Crl.O.P.(MD).No.16521 of 2018

2. Heard Mr.S.Ravi, the learned Standing Counsel for the State. There is no representation on behalf of the petitioner.

3. The learned Standing Counsel appearing for the State would submit that in this case, on completion of investigation, charge sheet has been filed before the lower Court and the trial is commenced and the matter is posted for examining the witnesses.

4. Taking note of the submissions made by the learned Standing Counsel for the State that on completion of investigation, charge sheet had already been filed before the lower Court and the trial is commenced and the matter is now posted for examining the witnesses, the relief as sought for by the petitioner, cannot be granted. Hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mpk Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To

1. The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Palayanur Police Station, Sivagangai District.

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

Crl.O.P.(MD) No.16521 of 2018 01.09.2021 RK (13.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2