Madras High CourtCRL OP(MD)/18242/2024disposed of

M.Duraipandi v. The State Of Tamilnadu Rep. By

2024-10-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Duraipandi ... Petitioner Vs.

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

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

(Crime No.363 of 2024) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation of the case in Crime No.363 of 2024 from the file of the second respondent to any other competent police officer to complete the investigation of the case and to file final report by including necessary penal provisions of law before the competent Court within the time stipulated by this Court. 1/4

For Petitioner : Mr.S.Rajasekaran For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to transfer the investigation of the case in Crime No.363 of 2024 from the file of the second respondent to any other competent police officer to complete the investigation of the case and to file final report by including necessary penal provisions of law before the competent Court within the time stipulated by this Court.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.363 of 2024 on 20.09.2024 for the offences under Sections 126(2), 191(2), 191(3), 296(b), 118(1) and 351(3) BNS. He would further submit that out of six accused, they have already secured three accused and they have examined 11 witnesses and 2/4

that after initial investigation, they altered the case and they have included the offence under Section 109 BNS and investigation is proceeding in proper direction.

3. The learned counsel appearing for the petitioner has not canvassed any other reason for transferring the investigation at this point of time. Hence, this Court is not inclined to grant the relief claimed.

4. In the result, this Criminal Original Petition stands disposed of. The second respondent is directed to proceed with the investigation. 23.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai, Madurai District.

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

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 23.10.2024 4/4