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Judgment
G.R.Swaminathan, J
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
This criminal original petition has been filed for transferring the case in Crime No.967 of 2020 registered on the file of the fifth respondent for the offences under Sections 307 and 302 of I.P.C. to CBI.
The learned counsel appearing for the petitioner reiterated all the contentions set out in this petition. Though I found his contentions to be prima facie persuasive, I am not in a position to grant any relief for the simple reason that the earlier petition filed by the petitioner in Crl.O.P.(MD)No.11295 of 2020 was dismissed by this Court on 02.12.2020.
The doubts projected by the petitioner now before this Court were projected in the earlier criminal original petition also. This Court had called upon the Superintendent of Police to file status report. After perusing the status report, this Court was satisfied that the investigation was going in the right direction and the investigation was directed to be completed and final report to be filed before the concerned Court as expeditiously as possible. Pursuant to the said direction, final report was filed and the case is presently pending trial in S.C.No.75 of 2021 before the Mahila Court, Dindigul. Though witness summons have been issued to the petitioner and two others, they are yet t o a p p e a r b e f o r e t h e t r i a l C o u r t b y c i t i n g t h e p e n d e n c y o f t h i s p e t i t i o n .
When the prayer for transfer of investigation was rejected, the petitioner ought to have filed a Special Leave petition before the Hon'ble Supreme Court. Filing of second transfer original petition on the same set of facts is clearly not maintainable. If I allow the transfer original petition, that would amount to reviewing the order dated 02.12.2020 made in Crl.O.P.(MD)No.11295 of 2020. Such an exercise would be clearly barred and forbidden under Section 362 of Cr.P.C. Since the present petition is not maintainable, I am not in a position to grant any relief.
This criminal original petition stands dismissed accordingly.