Vajpudeen v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vajpudeen ... Petitioner Vs

1. The State, represented by The Superintendent of Police, Office of The District Superintendent of Police, Perambalur.

2. The Sub Inspector of Police, V.Kalathur Police Station, Perambalur District.

3. Devaraj Special Sub Inspector of Police, V.Kalathur Police Station, Perambalur District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to withdraw the case in Crime No.187 of 2023 on the file of the Respondent No.2 and entrust the same to any other fair officer for investigation under the supervision of respondent No.1 and direct the respondents to file the final report before the Judicial Magistrate within the time frame.

For Petitioner : M/s T.Dharani For R1 and R2 : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed seeking direction to withdraw the case in Crime No.187 of 2023 on the file of the Respondent No.2 and entrust the same to any other fair officer for investigation under the supervision of respondent No.1 and direct the respondents to file the final report before the Judicial Magistrate within the time frame.

2. Heard the learned counsel appearing on either side and perused the materials placed on record.

3. On instructions, the learned Government Advocate (Crl.side) appearing for the respondents submitted that this petition has been filed only on the ground that the third respondent is a relative of the accused and as such, the petitioner sought for transfer of case from the file of the second respondent. Now, the third respondent had retired from service and the second respondent is also about to complete the investigation. Therefore, at this stage, if the investigation is transferred to any other investigation agency, it would affect the

entire investigation already done by the second respondent.

4. In view of the above, the second respondent is directed to complete the investigation in Crime No.187 of 2023 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this Criminal Original Petition stands disposed of.

04.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Superintendent of Police, Office of The District Superintendent of Police, Perambalur.

2. The Sub Inspector of Police, V.Kalathur Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

04.02.2025