P.Sathya Priya v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 1954 of 2020 P.Sathya Priya ... Petitioner Vs.

1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

2.The Inspector General of Police, CBCID-Branch, CBCID Complex (Old Commissioner office complex), Egmore, Chennai-008.

3.The Commissioner of Police, Office of the Commissioner of Police, No.132, Commissioner Office Building, E.V.K.Sampath road, Veppery, Chennai-600 007.

4.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Lattice Bridge Road, Opp. Adyar bus depot, Adayar, Chennai-600 020.

5.The Inspector of Police, J-6, Thiruvanmiyur Police Station, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the case in Crime No.107 of 2019 on the file of the fifth respondent to the second respondent investigation agency, investigate the same and file the final report expeditiously.

For Petitioner : Mr.P.Muthamizhselvakumar For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to transfer the case in Crime No.107 of 2019 on the file of the fifth respondent to the second respondent investigation agency, investigate the same and file the final report expeditiously.

2. The learned counsel for the petitioner submitted that already, the petitioner filed a petition in Crl.O.P.No.11774 of 2019 for transfer of investigation, and this Court by an order dated 05.07.2019 directed the fifth respondent herein to complete the investigation and file a final report as expeditiously as possible and also directed the fourth respondent herein to monitor the investigation made by the fifth respondent herein in Crime No.107 of 2019. He further submitted that the accused person filed a bail petition before this Court in Crl.O.P.No.10113 of 2019 was dismissed on 23.07.2019 for the reason stated that the custodial interrogation of the accused is very essential.

3. The learned Additional Public Prosecutor appearing for the respondents submitted that the case itself has been registered in Crime No.107 of 2019 for an offence under Section 306 of IPC against the accused. He further submitted that the accused has been arrested and remanded to judicial custody and on instructions stated that the investigation is still in progress. He further submitted that, as directed by this Court, now the fifth respondent is conducting enquiry and the Deputy Commissioner of Police, Adayar is monitoring the investigation done by the fifth respondent herein.

4. Under this circumstance, the change of investigation would affect the entire investigation in Crime No.107 of 2019. Therefore, the direction sought for by the petitioner cannot be granted. However, the fifth respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The Deputy Commissioner of Police, Adayar, Chennai, is directed to monitor the investigation done by the fifth respondent and also ensure that the fifth respondent is filing the final report within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar rri

To 1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

2.The Inspector General of Police, CBCID-Branch, CBCID Complex (Old Commissioner office complex), Egmore, Chennai-008.

3.The Commissioner of Police, Office of the Commissioner of Police, No.132, Commissioner Office Building, E.V.K.Sampath road, Veppery, Chennai-600 007.

4.The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Lattice Bridge Road, Opp. Adyar bus depot, Adayar, Chennai-600 020.

5.The Inspector of Police, J-6, Thiruvanmiyur Police Station, Chennai.

6. The Public Prosecutor, High Court, Madras.

CRL.O.P.No. 1954 of 2020 SPD(CO) GMY(09/09/2020)