Madras High CourtCRL OP(MD)/21828/2023disposed of

Magesh Kannan v. The Superintendent Of Police

2023-12-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Magesh Kannan .. Petitioner Vs.

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

2.The Inspector of Police, Melur Police Station, Madurai District.

Crime No.586 of 2016 .. Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code to direct the 1st respondent to change the investigation agency from the hands of the 2nd respondent to any other competent Agency in respect of Crime No.586 of 2016 on the file of the 2nd respondent. For Petitioner :

Mr.V.Kathirvel Senior Counsel for Mr.V.Prabhu For Respondents :

Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition is filed to direct the 1st respondent to change the investigation agency from the hands of the 2nd respondent to any other competent Agency in respect of Crime No.586 of 2016 on the file of the 2nd respondent.

2. The second respondent present in person before this Court and filed status report, who stated that he has taken over the investigation and the investigation will be completed within a period of one month after following the procedure. A counter case has been registered in Crime No.584 of 2016 and final report has been filed before the learned III Additional District Judge (PCR Cases), Madurai and taken cognizance in Spl.S.C.No.79 of 2022.

3. Learned Senior Counsel appearing for the petitioner submitted that after filing the final report in this case before the learned Judicial Magistrate, Melur, the learned Judicial Magistrate, Melur, may be

directed to transfer the case to the III Additional District Court (PCR), Madurai, for joint trial with the counter case.

4. Considering the submission of the learned Senior Counsel appearing for the petitioner, after filing of final report in the case in Crime No.586 of 2016 and taken cognizance of the same by numbering the final report, there shall be a direction to the learned Judicial Magistrate, Melur, to transfer the case to the Special Court namely the III Additional District Court (for SC/ST Cases), Madurai.

5. With this direction, this Criminal Original Petition is disposed of.

20.12.2023 NCC :

Yes/No Index :

Yes/No Internet :

Yes/No pnn

G.ILANGOVAN, J.

pnn To 1.The III Additional District Judge (PCR Cases), Madurai. 2.The Judicial Magistrate, Melur.

3. The Superintendent of Police, Madurai District, Madurai. 4.The Inspector of Police, Melur Police Station, Madurai District. Crime No.586 of 2016.

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

\ Dated : 20.12.2023