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Madras High CourtCRL OP(MD)/18353/2018disposed of

Marimuthu v. The Additional Superintendent

2020-09-18Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.18353 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.18353 of 2018 Marimuthu ... Petitioner Vs.

1.The Additional Superintendent of Police, Head Quarters, Trichy.

2.The Inspector of Police, Lalgudi Police Station, Trichy.

(Crime No.233 of 2013) 3.The Inspector of Police, Special Investigation Team, CBCID, Trichy.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in connection with Crime No.233 of 2013, dated 28.05.2013, on the file of the second respondent to the third respondent and direct the third respondent to conduct further investigation.

For Petitioner : Mr.R.Venkatesan for M/s.Right Law Associates For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking relief to transfer the investigation in connection with Crime No.233 of 2013, dated 28.05.2013, pending on the file of the second respondent to the third respondent and further direct the third respondent to conduct further investigation.

2. Today, when the petition is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents, on instructions, would submit that in respect of Crime No.233 of 2013, pending on the file of the second respondent Police, the Investigation officer has completed the investigation and filed a final report before the learned Judicial Magistrate, Lalgudi. He would further submit that the same was pending before the said Court in C.C.No.46 of 2019.

3. In this regard, on going through the averments found in the petition, it appears that the alleged occurrence had taken https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.18353 of 2018 place in the year 2013. Therefore, it would be necessary to issue some direction to the learned Judicial Magistrate, Lalgudi, to dispose of the said case as early as possible.

4. Accordingly, the learned Judicial Magistrate, Lalgudi, is directed to dispose of the case in C.C.No.46 of 2019, as early as possible, preferably, within a period of six months, after return of normalcy of the existing Covid -19 situation and report the same before this court after completion of the proceedings.

5. With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note : In view of the present lock down owing to COVID19 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 Judicial Magistrate, Lalgudi.

2.The Additional Superintendent of Police, Head Quarters, Trichy.

3.The Inspector of Police, Lalgudi Police Station, Trichy.

4.The Inspector of Police, Special Investigation Team, CBCID, Trichy.

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

Order made in Crl.O.P.[MD]No.18353 of 2018 Dated:

18.09.2020 MA(CO) KM (30.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2