Madras High CourtCRL OP(MD)/20507/2024disposed of

Durai v. The State Of Tamil Nadu

2025-01-29Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.12660 of 2024 Durai ... Petitioner Vs

1. State of Tamil Nadu, Rep. by the Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

In Crime No. 274/2024.

2. Stanley John, Sub Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, To call for the records relating to the First Information Report in Cr.No. 274/2024 dated 17.11.2024 on the file of the 1st respondent police, for the offences under Sections. 296(b), 132, 351(3) of BNS and Section 3(1) of TNPPDL Act and quash the same by allowing this Criminal Original petition.

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For Petitioner : M/s.Chandrasekaran.M For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the investigation the case registered in Crime No. 305 of 2024, dated 11.11.2024 on the file of the 3rd respondent police to any other investigating officer.

2.This Court on 25.11.2024 directed the petitioner to appear before the Superintendent of Police and submit all the typed set of papers along with available electronic evidence.

3.It is the primary contention of the petitioner that he is not in the scene of crime and he doesn't know driving at all. 4.The learned Additional Public Prosecutor submitted that the petitioner had appeared before the Superintendent of Police and submitted all the materials in support of his contention. Now, the materials submitted by the petitioner, CDR details and other materials have been 2/5

sent for examination of Forensic Expert. If the Forensic Report reveals that the petitioner is not present in the disputed place and no overt act against him, his name would be deleted from the final report, other wise, the law will take its own course.

4.Recording the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed. 29.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No PNM To

1. The Inspector of Police, Seidunganallur Police Station, Thoothukudi District. In Crime No. 274/2024.

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

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M.NIRMAL KUMAR,J.

PNM ORDER IN and Crl.M.P.(MD)No.12660 of 2024 4/5

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