Madras High Court
Kanagavalli vs The Superintendent Of Police on 23 January, 2023
Crl.O.P.(MD)No.1187 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.1187 of 2023
Kanagavalli ... Petitioner
Vs.
1.The Superintendent of Police,
Office of the Superintendent,
Tenkasi District.
2.The Inspector of Police,
Sivagiri Police Station,
Tenkasi District. ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to direct the first respondent to withdraw the
investigation in Crime No.441 of 2022 pending on the file of the second
respondent police and to transfer the same to any other of competent
investigation officer for fair investigation.
For Petitioner : Mr.G.Karuppasamy Pandiyan
For Respondents : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to withdraw the investigation pending on the file of the second respondent in Crime No.441 of 2022 to the file of any other competent officer for fair investigation. https://www.mhc.tn.gov.in/judis 1/4 Crl.O.P.(MD)No.1187 of 2023
2. The learned counsel appearing for the petitioner would submit that though serious allegations were raised, the second respondent refused to register the FIR, but instead he has only registered CSR.No. 687 of 2022. After complaint to the Superintendent of Police, the present FIR came to be registered on 31.12.2022 in Crime No.441 of 2022 for the offences under Sections 147, 341, 294(b), 323 and 506(i) of IPC.
3. The learned Additional Public Prosecutor appearing for the respondents would submit that all the accused were arrested and released on station bail.
4. Recording the submissions made on either side, the second respondent is directed to proceed with the investigation in Crime No.441 of 2022 and the Deputy Superintendent of Police, Puliangudi Sub Division, is directed to monitor the same.
5. With the above direction, the Criminal Original Petition is disposed of.
https://www.mhc.tn.gov.in/judis 2/4 Crl.O.P.(MD)No.1187 of 2023 23.01.2023 NCC : Yes / No Index : Yes / No Rmk To
1.The Superintendent of Police, Office of the Superintendent, Tenkasi District.
2.The Inspector of Police, Sivagiri Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 3/4 Crl.O.P.(MD)No.1187 of 2023 K.MURALI SHANKAR,J.
Rmk Order made in Crl.O.P.(MD)No.1187 of 2023 Dated: 23.01.2023 https://www.mhc.tn.gov.in/judis 4/4