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Madras High CourtCRL OP/20884/2016disposed of

M. Senthilkumar M/42 v. The Director Gerneral Of Polic

2019-07-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20884 of 2016 M.Senthilkumar

...Petitioner

-Vs1.The Director General of Police, Dr.Radhkrishnan Salai, Mylapore, Chennai-600 004.

2.The Superintendent of Police, Nagapattinam District, Nagapattinam.

3.The Inspector of Police, Kuttalam Police Station, Kuttalam, Nagapattinam District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to withdraw the case in Crime No.469/2013 on/from the file of third respondent and to transfer the same to the jurisdictional CBCID concerned.

For Petitioner : Mr.S.Rajendiran For Respondents : Mr.C.Raghavan Government Advocate

ORDER

This petition has been filed seeking for transfer of investigation in Crime No.469 of 2013, pending on the file of the third respondent police.

2.The learned counsel for the petitioner submitted that the case involves double murder wherein the husband and wife were hacked to death on 29.10.2013 by suspected accused persons. An FIR was registered in Crime No.469 of 2013 by the third respondent and till date there is no progress in the investigation. The learned counsel further submitted that in a double murder case, the respondent police have not shown any interest in carrying on with the investigation. https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate submitted that taking into consideration the gravity of the offence, this Court can transfer the investigation to the CBCID.

4.Taking into consideration the facts and circumstances of this case and also of the fact that there is no progress in the investigation, this Court is inclined to transfer the case to the file of the CBCID. The third respondent is directed to immediately hand over the entire case diary to the Superintendent of Police, CBCID Nagapattinam District, within a period of two weeks from the date of the receipt of the copy of this order. The Superintendent of police, CBCID Nagapattinam, shall immediately assign this case for investigation, to an Officer not less than the rank of the Deputy Superintendent of Police and he shall also monitor the investigation. The investigation has to be started immediately and all the accused persons must to be brought to book and final report has to be filed as expeditiously as possible.

5.With the above direction this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Director General of Police, Dr.Radhkrishnan Salai, Mylapore, Chennai-600 004.

2.The Superintendent of Police, Nagapattinam District, Nagapattinam.

3.The Superintendent of Police, CBCID, Nagapattinam.

4.The Inspector of Police, Kuttalam Police Station, Kuttalam, Nagapattinam District.

5. The Public Prosecutor, High Court of Madras.

+1 cc to M/s.S.Rajendiran,Advocate Sr.No. 62682 Crl.O.P.No.20884 of 2016 AKM/ 27.08.19/ 2P-7C / https://hcservices.ecourts.gov.in/hcservices/