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Madras High CourtCRL OP(MD)/18786/2019closed

V. Elaiyaperumal v. The Superintendent Of Police

2019-12-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.18786 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.18786 of 2019 V.Elaiyaperumal ... Petitioner /Defacto Complainant Vs.

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

2.The Deputy Superintendent of Police, Office of the Superintendent of Police Campus, Tuticorin District, Tuticorin.

3.The Inspector of Police, Kulasekarapattinam Police Station, Tuticorin District, Tuticorin.

(Crime No.234 of 2019) ... Respondents/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent for change of investigation in Crime No. 234 of 2019 on the file of the third respondent and entrust the same to the second respondent for investigation of the case by a competent officer For Petitioner : Mr.K.M.Priscilla Jancy For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the first respondent for change of investigation in Crime No. 234 of 2019 on the file of the third respondent and entrust the same to the second respondent for investigation of the case by a competent officer.

2. The learned counsel for the petitioner would submit that the petitioner was kidnapped and after stripping the petitioner the accused have taken nude photos and videos of the petitioner and also taken signature in several papers. Further he was brutally assaulted by the accused persons and due to the injuries sustained he has admitted in the hospital. On the complaint given by the petitioner, the third respondent registerd a case in Crime No. 234 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.18786 of 2019 of 2019. The learned counsel would also submit that the petitioner has made specific allegations against the Thilagaraj, Gopalakrishnan and Kesavan before the respondent police, whereas the respondents are not taking action against them since they happen to be highly influential person in the locality. Hence he seeks for transfer of investigation

3. The learned Government Advocate (Crl.Side) would submit that investigation is going on in a proper manner and that they are taking steps to secure Thilagaraj, Gopalakrishnan and Kesavan and if it is found that they are involved in the said offence, suitable action will be taken.

4. Recording the same, this Criminal Original Petition is closed. However the second respondent police is directed to monitor the investigation done by the third respondent. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police Campus, Tuticorin District, Tuticorin.

3.The Inspector of Police, Kulasekarapattinam Police Station, Tuticorin District, Tuticorin.

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

+1 CC to M/s.M/S.K.M.PRISCILLA JANCY, Advocate ( SR-105248[F] dated 17/12/2019 ) Crl.O.P.(MD).No.18786 of 2019 16.12.2019 KK/SAR/07.01.2020/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2