Madras High CourtCRL OP(MD)/17945/2023disposed of

K.Mayandi v. The Superintendent Of Police

2023-10-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17945 of 2023 K.Mayandi

...Petitioner / Defacto Complainant

Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

...Respondents / Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to transfer the investigation in Crime No.607 of 2021 pending on the file of the 2nd respondent to any other agency. For Petitioner :Mr.S.Pugalendhi For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) O RDER This criminal original petition has been filed seeking direction to the 1st respondent to transfer the investigation in Crime No.607 of 2021 pending on the 1/4

file of the 2nd respondent to any other agency.

2. The petitioner is the defacto complainant in this case. On the basis of the complaint lodged by him a case in Crime No.607 of 2021 has been registered against the accused persons for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 354, 506(ii) of IPC and Section 4 of TNPHW Act. 3.The grievance of the petitioner is that in the counter case in Crime No. 608 of 2021 the final report has been filed against the petitioner. But in the Crime No.607 of 2021, where the petitioner is the defacto complainant, there is no progress in the investigation. Hence, this petition. 4.The learned Government Advocate (Crl. Side) would submit that the respondent police will complete the investigation within a short time. 5.Since it is a counter case, both cases must be enquired by the same Investigating Officer. Hence, there is no question of transfer of investigation at this stage. Let the respondent police complete the investigation as per procedure 2/4

and file the final report either positive or negative within a period of one month from the date of receipt of a copy of this order. 6.With the above said directions, this criminal original petition is disposed of.

Speaking : Yes / No 09.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalayarkoil Police Station, Sivagangai District.

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

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.17945 of 2023 09.10.2023 4/4