Najipul Kudha v. The Commissioner Of Police

Crl.O.P.(MD).No.18780 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.18780 of 2019 and Crl.M.P.(MD)No.11019 of 2019 Najipul Kudha ... Petitioner /Defacto Complainant Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.

(Crime No.851 of 2019) ... Respondents/Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation in Crime No.851 of 2019, on the file of the second respondent entrust the same to CBCID, Madurai District and consequently direct the CBCID to submit a final report to the Jurisdictional Magistrate Court within the time stipulated by this Court.

For Petitioner : Mr.M.M.Iqbal For Respondents : Mrs.S.Bharathi Government Advocate (Crl. side)

O R D E R

This petition has been filed to direct the first respondent to transfer the investigation in Crime No.851 of 2019, on the file of the second respondent entrust the same to CBCID, Madurai District and consequently direct the CBCID to submit a final report to the Jurisdictional Magistrate Court.

2. The learned counsel for the petitioner would submit that the petitioner's son was brutally assaulted by four accused persons with regard to matrimonial dispute. The respondent police has only registered case for offences under Sections 294(b), 323,324,506(ii) r/w.109 of IPC. He would also submit that the petitioner's son sustained grievous injury and investigation is not done in a proper https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.18780 of 2019 manner.

3. The learned Government Advocate(Crl.Side) would submit that investigation is done in a proper manner and taking into consideration the injury sustained by the petitioner, the offences have been altered to 294(b), 323,326,506(ii) r/w.109 of IPC.

4. Recording the same, this petition is closed. Consequently connected miscellaneous petition is also c losed. Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.

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

+1 CC to M/s.M.M.IGBAL, Advocate ( SR-106091[F] dated 19/12/2019 ) Crl.O.P.(MD).No.18780 of 2019 16.12.2019 smv(CO) TR(08.01.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2