Madras High Court
Tamilselvan vs The Superintendent Of Police on 7 January, 2019
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2019
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMALKUMAR
Crl.O.P.(MD).No.152 of 2019
Tamilselvan ...Petitioner
-Vs-
1.The Superintendent of Police,
Office of the Superintendent of Police,
Tirunelveli, Tirunelveli District.
2.The Deputy Superintendent of Police,
Alangulam,
Tirunelveli District.
3.The Inspector of Police,
Pavoorchatram Police Station,
Tirunelveli District.
(Cr.No.559 of 2018) ..Respondents
PRAYER: Petition is filed under Section 482 of the Code of Criminal
Procedure praying to direct the 1st respondent to transfer the
investigation in Cr.No.559 of 2018 on the file of the 2nd and 3rd
respondents to any other competent authority under the supervision of
the 1st respondent.
http://www.judis.nic.in
2
For Petitioners : Mr.S.R.Anbarasu
For Respondent : Mr.Robinson
Government Advocate
ORDER
This petition has been filed to direct the 1st respondent to transfer the investigation in Cr.No.559 of 2018 on the file of the 2 nd and 3rd respondents to any other competent authority under the supervision of the 1st respondent.
2.The petitioner submits that he is the defacto complainant/victim. There are totally six accused in this case. Even at the stage of registration of the case, the petitioner has faced great difficulties, due to non-cooperation of the third respondent. Thereafter, the case came to be registered. Now, it is understood that after deleting the names of accused Nos.5 and 6, charge-sheet is going to be filed.
3.The learned Government Advocate submits that during investigation, it is found that the accused Nos.5 and 6 were not present at the scene of occurrence and after proper investigation, by deleting their names , charge sheet made ready on 03.01.2019 and is http://www.judis.nic.in 3 going to be filed on the next hearing date.
4.The apprehension of the petitioner is that deleting the names of A-5 and A-6, who are main accused in this case would cause great prejudice.
5.The learned Government Advocate further undertakes that as per law, the petitioner is entitled to be served with the notice, whenever a person, whose name is found in the complaint and deleted, during filing of the charge-sheet.
6.Considering the same, this Court is of the view that before filing charge sheet, notice would be served on the petitioner and the petitioner can file his objection, if any.
7.With the above direction, this Criminal Original Petition is disposed of.
07.01.2019
Index :Yes/No
Internet :Yes/No
vs
http://www.judis.nic.in
4
M.NIRMAL KUMAR, J.
vs
To
1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli, Tirunelveli District.
2.The Deputy Superintendent of Police, Alangulam, Tirunelveli District.
3.The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD).No.152 of 2019
07.01.2019 http://www.judis.nic.in