Selvi vs The Superintendent Of Police on 25 July, 2023

[Cites 6, Cited by 0]

Madras High Court

Selvi vs The Superintendent Of Police on 25 July, 2023

Bench: D.Nagarjun

                                                                            Crl.O.P.(MD) No.13254 of 2023

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 25.07.2023
                                                      CORAM:

                                  THE HONOURABLE DR.JUSTICE D.NAGARJUN

                                         Crl.O.P.(MD) No.13254 of 2023

                 Selvi                                                    ... Petitioner
                                                       Vs.


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

                 2.The Inspector of Police,
                   Puliangudi Police Station,
                   Tenkasi District.

                 3.The Sub Inspector of Police,
                   Puliangudi Police Station,
                   Tenkasi District.

                 4.The Inspector of Police,
                   CBCID,
                   Tenkasi District.                                     ..Respondents


                 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to
                 transfer the case in Crime No.142 of 2023 on the file of the 2nd respondent to the
                 4th respondent or any other agency for conducting the fair investigation in
                 accordance with law.


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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.(MD) No.13254 of 2023

                                  For Petitioner  : Mr.R.J.Karthick
                                  For Respondents : Mr.SS.Madhavan
                                                    Government Advocate (Crl.side)

                                                          ORDER

This petition is filed seeking for a direction to transfer the investigation in Crime No.142 of 2023 pending with the respondent No.2 police to the respondent No.4 police.

2.It is submitted by the learned counsel for the petitioner that on a complaint given by the petitioner/defacto complainant, the respondent police have registered a case in Crime No.142 of 2023 against the accused for the offences punishable under Sections 147, 294(b), 323 and 506(i) IPC.

3.It is submitted further that on a complaint given by the accused, the police have also registered another case in Crime No.141 of 2023 for the offence under Sections 294(b), 324 and 506(ii) IPC and in that case, the investigation has already been completed and the charge sheet is filed. It is submitted that the Inspector of Police concerned has been insisting the petitioner to withdraw the complaint given in Crime No.142 of 2023.

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13254 of 2023

4.The learned Government Advocate (Crl.side) on the other hand submits that the police have not asked the petitioner to withdraw the case and the investigation is almost completed and within three weeks, the charge sheet will be filed in Crime No.142 of 2023.

5.Once the investigation is almost completed, the petition seeking for transfer of investigation cannot be considered. Accordingly, this Petition is disposed of directing the respondent police to file the charge sheet as expeditiously as possible.

                 Speaking             : Yes / No                               25.07.2023
                 NCC                  : Yes / No
                 Internet             : Yes / No
                 Index                : Yes / No

                 mm

                 To

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

2.The Inspector of Police, Puliangudi Police Station, Tenkasi District.

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13254 of 2023

3.The Sub Inspector of Police, Puliangudi Police Station, Tenkasi District.

4.The Inspector of Police, CBCID, Tenkasi District.

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

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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.13254 of 2023 DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.13254 of 2023 25.07.2023 5/5 https://www.mhc.tn.gov.in/judis

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