C.SUNDARALINGAM versus THE SUPERINTENDENT OF POLICE

High Court of Madras

Indian Supreme Court Cases / Judgements / Legislation

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C.Sundaralingam v. The Superintendent of Police - Crl.O.P.(MD).No.4983 of 2007 [2007] RD-TN 1466 (14 April 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 14/04/2007

CORAM

THE HONOURABLE MR.JUSTICE G.RAJASURIA

Crl.O.P.(MD).No.4983 of 2007

C.Sundaralingam ... Petitioner Vs

1.The Superintendent of Police,

Kanyakumari District,

Nagercoil.

2.The Sub-Inspector of Police,

Eraniel Police Station,

Kanyakumari District. ... Respondents Prayer

Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation of the case in Crime No.156 of 2007 on the file of the Eraniel Police Station, Kanyakumari District to some other investigating agency.

For Petitioner : Mr.J.John Jeyakumar

For Respondents: Mr.P.Rajendran

Government Advocate (Crl. Side) :ORDER

This petition has been filed to direct the first respondent to transfer the investigation of the case in Crime No.156 of 2007 on the file of the Eraniel Police Station, Kanyakumari District to some other investigating agency.

2. Heard both sides.

3.The grievance of the petitioner is that the Police instead of filing the charge sheet against the accused for the offences punishable under Section 279, 294(b), 427 and 506(i)of I.P.C., simply dropped Section 506(i) and filed charge sheet only under Section 279, 294(b) and 427 I.P.C. Hence in this direction petition I would like to give the following direction. The petitioner shall file an application under section 173(8) of Code of Criminal Procedure, before the learned Judicial Magistrate, and the learned Magistrate with open mind shall deal with it and pass suitable orders on merits.

4. With the above direction, this petition is closed. To

1.The Superintendent of Police,

Kanyakumari District,

Nagercoil.

2.The Sub-Inspector of Police,

Eraniel Police Station,

Kanyakumari District.

3.The Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.



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