Paulnadar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Paulnadar ... Petitioner Vs.

1.The State Rep by The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the first respondent police to transfer Crime No.528 of 2023 from the third respondent police station to some other police station or any investigating officer or to some other impartial investigation agency based on the petitioner's representation dated 28.11.2023.

For Petitioners : M/s.A.Banumathy For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This petition has been filed to direct the first respondent police to transfer the Crime No.528 of 2023 from the third respondent police station to some other police station or any investigating officer or to some other impartial investigation agency, based on the petitioner's representation, dated 28.11.2023.

2. Expressing the grievances over the investigation by the third respondent, this petition is filed.

3.The learned counsel for the petitioner would submit that heavy damage was made to the cultivating land of the petitioner and banana trees were also cut and removed from the land. In respect of the specific overt act and allegations, no steps have been taken by the respondents either to secure the accused or to make spot visit to assess the damage. 4.The learned Additional Public Prosecutor would submit that damage certificate from the concerned authorities is not yet received. Both the complaints are enquired by the very same Investigating Agency, 2/4

namely, the third respondent herein. The investigation is going on in proper manner and most part of the investigation is already over.

5. Since most of the investigation has been completed, there is no question of transfer of investigation. Let the investigation be completed within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, this criminal original petition stands disposed of.

22.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dss To 1.The State Rep by The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

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G.ILANGOVAN ,J.

dss 22.12.2023 4/4