1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.1442 of 2011 M.Subramanian ... Petitioner/Defacto Complainant Vs. State rep. By 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, A1 K.Pudur Police Station,(Law and Order) Madurai District in crime No.2365 of 2010. 3.The Sub Inspector of Police, A1 K.Pudur Police Station,(Law and Order) Madurai District in crime No.2365 of 2010 ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in crime No.2365 of 2010 dated 21.11.2010 pending on the file of the 3rd respondent to any other police station in Madurai City. For Petitioner : Mr.T.K.Gopalan For Respondent : Mr.L.Murugan, Govt. Advocate (Crl.side) O R D E R This petition has been filed by the petitioner seeking for a direction to transfer the investigation in crime No.2365 of 2010 dated 21.11.2010 pending on the file of the 3rd respondent to any other police station in Madurai City. 2.Heard Mr.T.K.Gopalan, the learned counsel for the petitioner and Mr.L.Murugan, the learned Government Advocate (Crl.side) appearing for the respondent/State. 3.The learned counsel appearing for the petitioner would submit in his argument that the accused persons, whose name are specifically stated in the F.I.R. are influential persons and they are interfering with the investigation and the 3rd respondent is also not doing the investigation promptly and therefore, he would request the Court to transfer the case from the hands of the 3rd respondent police to any other police station in Madurai City. 4.The learned Government Advocate (criminal side) would submit in his argument that the charge sheet has been filed on 23.11.2010 itself before the jurisdictional magistrate and the case has been taken on file by the said Court in C.C.No.79 of 2011 and posted for further proceedings. He would also submit in his argument that on the other day viz., 10.02.2011, it was wrongly represented that the case is pending for investigation and https://hcservices.ecourts.gov.in/hcservices/ 2 therefore, it could be transferred to the file of Tallakulam Police Station for further investigation, which is actually not correct. Therefore, he would request the Court that suitable direction may be issued, if necessary in the facts and circumstances of the case. 5.I have given anxious thoughts to the arguments advanced on either side. 6.The claim of the petitioner is that the accused persons are influential persons and the investigation can be stiffled by them and some of the persons have been omitted from the charge sheet, whose names have been referred in F.I.R. and therefore, the charge sheet should have been filed by the 3rd respondent against all the accused, however, it was not proceeded further and therefore, it has to be transferred to some other competent officer of the some other police station. 7.The learned Government Advocate (criminal side) had submitted on 10.02.2001, that the case may be transferred to Tallakulam Police Station and the investigation would be carried out by the said police. Now, it has been found that the investigation was completed and the charge sheet has already been filed against certain accused person on 23.11.2010 and the case was taken on file in C.C.No.79 of 2011 by the Judicial Magistrate No.6 and posted for further proceedings. 8.In such circumstances, the request of the petitioner to transfer the investigation from the file of the 3rd respondent police to some other police station is not possible and it has become infructuous. However, the petitioner is not remediless. The petitioner can proceed in accordance with law by adducing cogent evidence to show the involvement of all the accused named in the F.I.R. and to produce other materials, which are necessary for deciding the case in the evidence and the trial Court is directed to consider the same and to frame additional charges or to implead other persons, who involved in the crime and to proceed further after giving opportunity to both the parties and to pass a judgment in accordance with law. 9.With the above observation and direction, this criminal original petition is disposed of. SD DEPUTY REGISTRAR ( WRITS ) /TRUE COPY/ ASST REGISTRAR arul To 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, A1 K.Pudur Police Station, (Law and Order) Madurai District. 3.The Sub Inspector of Police, A1 K.Pudur Police Station, (Law and Order) Madurai District. 4.The Judicial Magistrate No.6, Madurai. 5. The Additional Public Prosecutor, Madurai Bench of the Madras High Court, Madurai. DM:2011::MARCH:04::: Crl.O.P.(MD).No.1442 of 2011 2p:6c:: 15.02.2011 https://hcservices.ecourts.gov.in/hcservices/