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Madras High CourtCRL OP(MD)/17761/2019dismissed

Sivasankaran v. The Superintendent Of Police

2019-11-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.17761 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17761 of 2019 Sivasankaran ... Petitioner Vs 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police (Circle), Appanthiruppathy Police Station, Madurai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the investigation of the petitioner's complaint in CSR No.27/2018 dated 20.03.2018 on the file of the 2nd respondent to any other competent officer, other than the 2nd respondent.

For Petitioner : Mr.S.A.Ajmalkhan For Respondents : Mr.K.Suyambulinga Bharathi, G.A., (Crl. Side)

O R D E R

This petition has been filed to transfer the investigation of the petitioner's complaint in CSR No.27/2018 dated 20.03.2018 on the file of the 2nd respondent to any other competent officer, other than the 2nd respondent.

2.On the complaint lodged by the petitioner, enquiry has been conducted in CSR 27 of 2018 and now, it is pending for the past 11/2 years and as such, the petitioner seeks direction for transfer of investigation in CSR No.27 of 2018 dated 20.03.2018 from the file of the 2nd respondent to any other investigation agency. 3.It is seen that the complaint lodged by the petitioner is pending in CSR No.27 of 2018 from 20.03.2018. Even till today, the said complaint was not registered. The petitioner also failed to take any steps to register his complaint in the manner known to law. Therefore, when the complaint is pending for enquiry, the same cannot be transferred to any other investigation agency. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.17761 of 2019 4.Therefore, this petition is dismissed as devoid of merits. However, the petitioner is at liberty to take steps to register his complaint in the manner known to law.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police (Circle), Appanthiruppathy Police Station, Madurai District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC to Mr.S.A.AJMAL KHAN, Advocate ( SR-102767[F] dated 29/11/2019 ) CRL.O.P (MD) No.17761 of 2019 29.11.2019 KM/(18.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2