Madras High CourtCRL OP(MD)/17097/2019dismissed

Sukumar v. The Superintendent Of Police

2019-11-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.17097 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.17097 of 2019 Sukumar ... Petitioner Vs.

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

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

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to issue a direction directing the respondent No.1 to withdraw the petitioner's complaint, dated 04.06.2019 pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation, dated 29.10.2019.

For Petitioner : Mr.V.Selva For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondent No.1 to withdraw the petitioner's complaint, dated 04.06.2019 pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation, dated 29.10.2019.

2.The learned Government Advocate (Crl.side) submitted that on the complaint lodged by the petitioner, the second respondent police conducted enquiry and it is pending and no case has been registered till today. Therefore, transfer of investigation does not arise before the registration of FIR.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17097 of 2019

3. Recording the above said submission, this Criminal Original Petition is dismissed.

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

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

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

+1 CC to Mr.V. SELVA, Advocate ( SR-101441[F] dated 26/11/2019 ) Crl.O.P(MD)No.17097 of 2019 22.11.2019 MK (13.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2