Crl.O.P. filed under Section 482 CrPC to transfer investigation to another agency. Court observed that even with Section 326 IPC added to charges, transfer was unnecessary. Petition disposed of without transfer.
Criminal Original Petition disposed of; investigation not transferred.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.193 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.03.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA
Crl.O.P.(MD)No.193 of 2021
Sarajo ... Petitioner/Defacto Complainant Vs.
1.The Superintendent of Police, Thanjavur, Thanjavur District.
2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.
... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime NO.50 of 2020 on the file of the second respondent to some other investigating agency.
For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.A.Robinson Government Advocate (Criminal Side)
ORDER
The present petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime No.50 of 2020 on the file of the second respondent to some other Investigating Agency.
2.The main grievance of the petitioner is that though the petitioner was brutally attacked by the accused, the second respondent registered First Information Report only for the offences punishable under Sections 294(b), 354, 324 and 506(ii) of the Indian Penal Code.
3.Mr.A.Robinson, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents, on instructions, would contend that the investigation in Crime No.50 of 2020 is almost completed and a final report would be filed within a period of two weeks. His specific contention is that the charges against the accused in the final report are under Sections 294(b), 354, 506 (ii) and 326 of the Indian Penal Code.
4.The learned counsel for the petitioner contended that since Section 326 of the Indian Penal Code is also added in the final report, there is no necessity for transferring the investigation on https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P.(MD)No.193 of 2021
the file of the second respondent to any other investigating agency. 5.Recording the said submission, the Criminal Original Petition is disposed of.
Sd/Assistant Registrar (CS III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
| rmk | |
|---|---|
| Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. |
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| To | |
| 1.The Superintendent of Police, Thanjavur, Thanjavur District. |
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| 2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District. |
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| 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. |
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| Crl.O.P.( | MD)No.193 of 2021 |
| 01.03.2021 | |
| TP(CO) | |
| KK(29.03.2021) 2P 4C |
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1 issue framed by the court
Whether the investigation in Crime No.50 of 2020 needs to be transferred to another agency despite the addition of Section 326 IPC in the final report.
1 provisions across 1 enactments
Sarajo
Superintendent of Police, Thanjavur
Inspector of Police, Pattukottai Taluk Police Station
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
