Disposed

Andiya v. the Superintendent of Police

Madras HC7 Aug 2013CRL OP(MD)/10359/2013

Case brief

AI extract

What is this about?

In a criminal revision petition under Section 482 CrPC, the High Court considered a plea for transferring investigation due to alleged police inaction. The court noted a charge-sheet had been filed as mistake of fact but observed the petitioner had a right to approach the forum as he claimed non-receipt of the notice.

What did the court decide?

The petition was disposed of by allowing the petitioner the right to approach the appropriate forum regarding the alleged non-receipt of notice.

Andiya Vs the Superintendent of Police — Criminal Trial and Appeal | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED:07.08.2013

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THE HONOURABLE Ms. JUSTICE R.MALA

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Crl.O.P.(MD)NO.10359 of 2013

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Andiya

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1.The Superintendent of Police, Thoothukudi District.

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2.The Deputy Superintendent of Police, Tirunelveli Range, Thoothukudi District.

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3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. In Cr.No.100 of 2013. ... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to transfer the investigation in Cr.No.100 of 2013 pending on the file of the 3^rd respondent Police to some other independent investigating agency.

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This petitioner has come forward with this application for transferring the investigation of Cr.No.100 of 2013 on the file of the third respondent Police, stating that on the basis of the complaint given on 17.05.2013, for the occurrence said to have been taken place on 16.05.2013 at 22.40 hours, a case has been registered under Sections 341, 323 and 506(ii) I.P.C. After registering the case, the respondent has not shown any interest to investigate the matter. Since injuries sustained by the petitioner are grievous in nature, the case ought to have been registered under Section 307 I.P.C. Since the third respondent has not investigated the matter in proper direction, he has come forward with this petition for transfer of investigation.

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The learned Government Advocate (Crl.side) would submit that after https://hcservices.ecourts.gov.in/hcservices/ investigation, referred charge-sheet has been filed as mistake of fact on 27.05.2013 itself, after serving notice to the defacto complainant.

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Considering the same that final report has been filed as mistake of fact, after serving notice to the petitioner/defacto complainant,

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before filing this petition, I am inclined to dismiss this petition.

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4.At this juncture, learned counsel for the petitioner wants to agitate this matter before the appropriate forum. Considering the submission made by the petitioner's counsel and according to him, his client has not received the notice for referred charge-sheet, the petitioner has every right to approach the appropriate forum.

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With the above direction, this Criminal Original Petition is disposed of.

Sd/-

Deputy Registrar

/True Copy/

Assistant Registrar

1.The Superintendent of Police, Thoothukudi District.

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2.The Deputy Superintendent of Police, Tirunelveli Range, Thoothukudi District.

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3.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

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

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TS/27.08.2013/2P-5C

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Crl.O.P.(MD)NO. 10359 of 2013

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07.08.2013

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https://hcservices.ecourts.gov.in/hcservices/

Andiya v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Andiya v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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