K.Jhansi Rani v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3324 OF 2022 K.Jhansi Rani, W/o.Thanigaivel ... Petitioner/ Defacto Complainant Vs

1. The Superintendent of Police, Vellore, Vellore District.

2. State represented by The Inspector of Police, District Crime Branch, Vellore District.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.16 of 2021 pending on the file of the respondent police to some other competent investigating agency.

For Petitioner : Mr.Sundar Mohan for Mr.M.Krishnamoorthy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to transfer the investigation in Crime No.16 of 2021 pending on the file of the respondent police to some other competent investigating agency.

2. The learned counsel for the petitioner would submit that on the complaint given by the petitioner, a case in Crime No.16 of 2021 was registered for the offences under Sections 406, 420 and 506(i) of IPC. Since the second accused in this case happens to be a retired Sub-Inspector of Police, the second respondent has not conducted a fair investigation in a proper manner and that by being aggrieved and dissatisfied with the investigation being conducted, the present petition has been filed seeking to transfer the investigation to some other competent investigating agencies.

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3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents would submit that the second accused is only a retired Sub-Inspector of Police from the Armed Police Service and that the respondents are conducting the investigation in a proper and fair manner.

4. At this juncture, the learned counsel for the petitioner would submit that, it would be suffice that, a direction may be issued to the Deputy Superintendent of Police, District Crime Branch, Vellore District to monitor the investigation and a further direction may be issued to the concerned second respondent to complete the investigation and file a final report at the earliest.

5. In view of the above, the Deputy Superintendent of Police, District Crime Branch, Vellore District is directed to monitor the investigation conducted by the second respondent in Crime No.16 of 2021 together with the final report as expeditiously as possible, preferably, within a period of six months from today.

6. With the above direction and observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arb/shk To

1. The Superintendent of Police, Vellore, Vellore District.

2. The Inspector of Police, District Crime Branch, Vellore District.

3. The Public Prosecutor, High Court of Madras.

Copy To The Deputy Superintendent of Police, District Crime Branch, Vellore District.

+1cc to Mr.M.Krishnamoorthy, Advocate, S.R.No.10491 Crl.O.P.No.3324 of 2022 GPL(CO) RLP(14/03/2022) https://hcservices.ecourts.gov.in/hcservices/