Madras High CourtCRL OP(MD)/22574/2022disposed of

Venkatanathan v. The Superintendent Of Police

2022-12-21Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2022

CORAM

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

1.The Superintendent of Police, Thanjavur.

2.The Deputy Superintendent of Police, CBCID, Thanjavur.

3.The Inspector of Police, Medical College Police Station, Thanjavur.

Crime No.849 of 2022 ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation of Crime No.849 of 2022 from the file of the second respondent to some other unbiased police or competent agency to conduct fair and impartial investigation in accordance with law.

For Petitioner : Mr.K.P.Narayanakumar, For Respondents : Mr.E.Antony Sahaya Prabhar, Additional Public Prosecutor.

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ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to transfer the investigation of Crime No.849 of 2022 from the file of the second respondent to some other unbiased police or competent agency to conduct fair and impartial investigation in accordance with law.

2. On the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.849 of 2022 on 06.09.2022 for the alleged offence under Sections 294(b), 323 and 506(i) IPC. Thereafter, on the basis of the complaint given by the accused therein, FIR came to be registered in Crime No.850 of 2022 against the present petitioner for the alleged offence under Sections 294(b), 323, 336 and 506(i) IPC. 3.The learned counsel for the petitioner would submit that the petitioner has produced the photographs and CCTV footage for the incident occurred on 16.05.2022 and he is having CCTV footage for the main incident occurred on 06.09.2022.

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4.The learned Additional Public Prosecutor appearing for the State would submit that after registration of both FIRs, investigation is pending.

5. In view of the above, the third respondent is directed to proceed with the investigation and the Deputy Superintendent of Police, Town Sub Division, Thanjavur, is directed to monitor the same. The petitioner is directed to produce the CCTV footages to the third respondent.

6. With the above directions, this Criminal Original Petition is disposed of.

21.12.2022 Index : Yes / No Internet :

Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Superintendent of Police, Thanjavur.

2.The Deputy Superintendent of Police, CBCID, Thanjavur.

3.The Deputy Superintendent of Police, Town Sub Division, Thanjavur, 4.The Inspector of Police, Medical College Police Station, Thanjavur.

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

Order made in Dated: 21.12.2022 4/4