S. Dharmar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Crl.O.P.(MD) No.19941 of 2024 S. Dharmar

...Petitioner

Vs.

1. The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Deputy Superintendent of Police Paramakudi Division Ramanathapuram District

3. The Inspector of Police Parthibanoor Police Station, Ramanathapuram District

...Respondents

PRAYER: Criminal Original Petition filed under Section 528 of BNSS directing the first respondent to transfer the investigation in Crime No. 165/2024 pending on the file of the third respondent to the second respondent for further investigation .

For Petitioner : Mr.P.Ranjith Kumar For Respondents : Mr.A. Thiruvadikumar No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the first respondent to transfer the investigation in Crime No. 165 of pending on the file of the third respondent to the second respondent for further investigation .

2. The petitioner/defacto complainant who had got injuries lodged complaint against the accused persons for which First Information Report in Crime No.165 of 2024 for offences under Sections 296(b), 115(2) and 351(2 ) of BNS has been registered. After registration of the case the respondent police have not conducted proper investigation, hence the present petition has been filed.

3. The learned Additional Public Prosecutor would submit that it is case and case in counter. On the complaint given by the rival parties case has been registered in Crime No. 164 of 2024 on the petitioner as A1 and along with three other accused for the offences under Section 296(b),115(2), 118(1), 351(3) of BNS. Now investigation has been completed in both the cases and charge sheet has been filed before the concerned Court, hence sought for dismissal of the petition.

4. Considering the fact that the respondent police has completed investigation and charge sheet has also been made ready in both cases on the complaint given by the petitioner as well as on the complaint against the petitioner, this Criminal Original Petition stands dismissed. .

19.11.2024 Internet:Yes Index:Yes/No Speaking/Non speaking order aav To

1. The Superintendent of Police Ramanathapuram District Ramanathapuram

2. The Deputy Superintendent of Police Paramakudi Division Ramanathapuram District

3. The Inspector of Police Parthibanoor Police Station, Ramanathapuram District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

M. NIRMAL KUMAR.J., aav Crl.O.P.(MD) No.19941 of 2024 19.11.2024