Allowed

Chandran v. the Inspector General of

Madras HC9 Jul 2015CRL OP(MD)/11139/2015

Case brief

AI extract

What is this about?

This Criminal Original Petition sought transfer of a criminal investigation due to alleged enmity between parties and lack of confidence in the investigating officer. The Court found the complaint unaddressed and directed the transfer of the case to another competent authority.

What did the court decide?

Directed the Superintendent of Police to transfer the investigation in Crime No. 34 of 2015 from the third respondent to any other competent officer and monitor the investigation.

Chandran Vs the Inspector General of — Civil Procedure and Limitation | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 09.07.2015 CORAM THE HON'BLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.11139 of 2015

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Chandran ... Petitioner Vs. State rep. by 1.The Inspector General of Police, South Zone, Madurai- 625 002. 2.The Superintendent of Police, Sivagangai, Sivagangai District. 3.The Inspector of Police, Ilayangudi Police Station, Sivagangai District. 4.The Inspector of Police, C.B.C.I.D. Sivagangai District. ... Respondents

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PRAYER: Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to transfer the investigation in Crime No.34 of 2015 on the file of the 3^rd respondent to 4^th respondent or any other agency for conducting the proper investigation in accordance with law.

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For Petitioner :Mr.M.Saravanan For Respondents :Mrs.S.Prabha Government Advocate (Crl. Side) O R D E R

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Seeking to transfer the investigation in Crime No.34 of 2015, the present petition has been filed.

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents and perused the records.

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3.The petitioner is the father of the deceased and the case has been registered under Section 304(a) of IPC, alleging that the petitioner's son has been met with an accident. He made several representations naming the https://hcservices.ecourts.gov.in/hcservices/ certain persons. It is a case of the petitioner that there was a dispute between his son and the third parties. The petitioner further submitted

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that the third parties have enmity and grudge against the petitioner's son, with regard to their alleged illicit sand mining. The grievance of the petitioner is that he has no confidence on the third respondent and he seeks to transfer the investigation from the file of the third respondent to any other competent authority.

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Perusal of the status report would show that the complaint given by the petitioner has not been looked into. Considering the same this court is inclined to transfer the investigation pending on the file of the third respondent.

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Hence, this court directs the second respondent to transfer the case in Crime No.34 of 2015 from the file of the third respondent to any other officer, apart from monitoring and supervising the same.

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Accordingly, this Criminal Original Petition is disposed of.

Sd/-

Assistant Registrar

/True Copy/

Sub Assistant Registrar

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The Inspector General of Police, South Zone, Madurai – 2.

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The Superintendent of Police, Sivaganga, Sivagangai District.

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The Inspector of Police, Ilayangudi Police Station, Sivagangai District

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The Inspector of Police, CBCID, Sivagangai District.

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The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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+1cc to M/S. M.Saravanan, Advocate in SR.No 37467

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TS/23.07.2015/2P - 7C NR/RTI

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CRL.O.P.(MD)No.11139 of 2015

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09.07.2015

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

Chandran v. the Inspector General of

Case brief

What is this about?

What did the court decide?

Chandran v. the Inspector General of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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