Joseph, M/A-77 v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2017

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.823 of 2017 Joseph .. Petitioner Vs.

1.The Superintendent of police, Office of the Superintendent of Police, Villupuram District.

2.The Inspector of Police, Ulundhurpettai Police Station, Villupuram District.

(Crime No.462/2015) .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation in Crime No.462 of 2015 to some other independent investigation agency from the file of the 2nd respondent.

For Petitioner :Mr.A. Gokulakrishnan For Respondents :Mr.P.Govindarajan, APP

O R D E R

The prayer in the present petition is for transferring the investigation in Crime No. 462 of 2015, pending on the file of the

second respondent.

2.The main grievance of the petitioner is that though two years have been passed, the second respondent has not chosen to file the charge sheet.

3.Learned Additional Public Prosecutor, on instructions submitted that, in view of the pendency of the further opinion from the Forensic Department, they are unable to file the charge sheet. 4.In my view, that cannot be a reason for keeping the investigation pending, indefinitely. It is the duty of the investigation officer to approach the concerned Forensic Department Officials and obtain the report as early as possible. Hence, there shall be a direction to the second respondent police to complete the investigation and file the charge sheet, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above observations, the Criminal Original Petition stands closed.

03.10.2017 nl/rm Note:Issue Order copy on 05.10.2017

To 1.The Superintendent of police, Office of the Superintendent of Police, Villupuram District.

2.The Inspector of Police, Ulundhurpettai Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, nl/rm Crl.OP No.823 of 2017 03.10.2017