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Madras High CourtCRL OP(MD)/17444/2019dismissed

Robert Sisil v. The Superintendent Of Police

2019-11-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.17444 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17444 of 2019 and Crl.M.P.(MD) No.10279 of 2019 Robert Sisil ... Petitioner Vs 1.The Superintendent of Police Kanyakumari District Kanyakumari

2. The Assistant Superintendent of Police Colachel Division Colachel, Kanyakumari District

3. The Deputy Superintendent of Police CBCID, Nagercoil

4. The Inspector of Police Pudukadai Police Station Pudukada Kanyakumari District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to transfer the investigation from 4th respondent to 3rd respondent in crime No. 96 of 2019 registered by the 4th respondent on 21.04.2019, based on the petitioners representation dated 27.06.2019 For Petitioner : Mr.H.Velavadhas For Respondents : Mr.K.Suyambulinga bharathi, G.A. (Crl. Side) for R1

O R D E R

This petition has been filed to direct the 1st respondent to transfer the investigation from 4th respondent to 3rd respondent in crime No. 96 of 2019 registered by the 4th respondent on 21.04.2019, based on the petitioners representation dated 27.06.2019 2.The learned Government Advocate (criminal side) would submit that there is a case and counter case in Crime No.97 of 2019 the respondent police has completed investigation in both the crime numbers and filed final report before the learned Judicial Magistrate No.II,Kulithalai and the same is yet to be taken cognizance.

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Crl.O.P.(MD) No.17444 of 2019

3. At this stage transfer of investigation cannot be granted. Hence the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is also dismissed. However, the fourth respondent is directed to complete the investigation in both the crime numbers 96 of 2019 and 97 of 2019 following the police standing order for case and counter case and file a final report within a period of two weeks from the date of receipt of copy of this Order, before the jurisdiction Magistrate. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) aav To 1.The Superintendent of Police Kanyakumari District Kanyakumari

2. The Assistant Superintendent of Police Colachel Division Colachel, Kanyakumari District

3. The Deputy Superintendent of Police CBCID, Nagercoil

4. The Inspector of Police Pudukadai Police Station Pudukada Kanyakumari District

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

+1 CC to M/s.H. VELAVADHAS, Advocate ( SR-101923[F] dated 27/11/2019 CRL.O.P (MD) No.17444 of 2019 and Crl.M.P.(MD) No.10279 of 2019 27.11.2019 SMA/17/12/19/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2