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Madras High CourtCRL OP(MD)/19756/2022closed

M.Joseph Alexander v. The Superintendent Of Police

2024-02-16Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Joseph Alexander ... Petitioner Vs.

1.The Superintendent of Police, Kanniyakumari District, Nagercoil.

2.The Inspector of Police, Eraniel Police Station, Eraniel, Kanniyakumari District.

Crime No.416 of 2022 ... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in Crime No.416 of 2022 from the file of the second respondent to any other competent investigation authority, which is under the control of the first respondent for conducting an impartial investigation in this case.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to direct the first respondent to transfer the investigation in Crime No.416 of 2022 from the file of the second 1/4

respondent to any other competent investigation authority, which is under the control of the first respondent for conducting an impartial investigation in this case.

2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the investigation in this case has been completed and charge sheet has already been filed before the learned Judicial Magistrate, Eraniel, on 14.11.2023 and the same is not taken on file.

3.Recording the same, the Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate, Eraniel to take cognizance of the FIR in Crime No.416 of 2022 (E.filing No.CC LTN 2022 000 2349, C202300082) filed by the second respondent, within a period of six weeks from the date of receipt of a copy of this order.

Index : Yes/No 16.02.2024 Internet : Yes/No NCC : Yes/No Sji 2/4

To 1.The Judicial Magistrate, Eraniel.

2.The Superintendent of Police, Kanniyakumari District, Nagercoil.

3.The Inspector of Police, Eraniel Police Station, Eraniel, Kanniyakumari District.

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

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M.DHANDAPANI, J.

Sji 16.02.2024 4/4