Velu v. The Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27.04.2023 CORAM: The Hon`ble Mr.Justice G.ILANGOVAN Crl.O.P(MD).Nos.4629 and 4630 of 2023 and Crl.M.P(MD)No. 4054 of 2023 Velu

... Petitioner in both Crl.O.Ps. Vs

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

2.The State represented by The Inspector of Police, Sengipatti police station, Thanjavur District, (Crime Nos.416 and 417 of 2022).

... Respondents in both Crl.O.Ps. Common Prayer: Petition filed under Section 482 of Cr.P.C., to direct the 1st respondent to transfer the investigation in Crime Nos. 416 and 417 of 2022 on the file of the 2nd respondent to some other Impartial Investigating Officer. For Petitioner : Mr.G.Karnan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor (in both cases) COMMON ORDER These Criminal Original Petitions have been filed seeking a direction to the 1st respondent to transfer the investigation in Crime Nos. 416 and 417 of 2022 on the file of the 2nd respondent to some other Impartial Investigating Officer.

¶2The grievance of the petitioner is that due to the said incident, the petitioner sustained grievous injuries. The second respondent has not altered the provisions of offences for the injuries sustained by the petitioner and anticipatory bail was also granted to the accused persons. No alteration report or proper enquiry has been conducted by the second respondent and hence he seeks transfer of investigation.

¶3The learned Additional Public Prosecutor would submit that it is a case, case in counter. Against both sides, FIRs have been registered and investigation is on going in both the cases and the same will be completed within a period of three months.

¶4If the petitioner is aggrieved over the outcome of the investigation, he can work out remedy through proper proceedings. In view of the injuries sustained by the petitioner, the investigation can be proceeded and supervised by the Deputy Superintendent of Police, Thiruvaiyar, Thanjavur District. These Criminal Original Petitions are disposed of with the above said liberty to the petitioner. Consequently, connected miscellaneous petition is closed.

27.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn G.ILANGOVAN,J pnn To

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

2.The Inspector of Police, Sengipatti police station, Thanjavur District,

3.The Deputy Superintendent of Police, Thiruvaiyar, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN Crl.O.P(MD).Nos.4629 and 4630 of 2023 and Crl.M.P(MD)No. 4054 of 2023 Date: 27.04.2023