M.Neelamegam v. The Deputy Superintendnet Fo Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3409 of 2020 M. Neelamegam ... Petitioner Vs

1. The Deputy Superintendent of Police, Avinashi, Tiruppur District.

2. State by Inspector of Police, Avinashi Police Station, Tiruppur District.

3. State by sub Inspector of Police, Avinashi Police Station, Tiruppur District.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the FIR registered in Crime No.504 of 2019 on the file of the Avinashi Police for Offences u/s 353 and 392 of IPC, to the CBCID, Coimbatore.

For Petitioner : Mr.S. Kalyanaraman For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

(The case has been heard through video conferencing) This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.504 of 2019 on the file of the 2nd respondent.

2. It is averred in the petition that some of the accused persons have not been arrested by the 2nd respondent so far. Further, the crime has been registered in the year 2019 and so far, they have not completed the investigation. Therefore, the petitioner has sought for transfer of investigation in Crime No. 504 of 2019.

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3. The learned Additional Public Prosecutor submitted that some of the accused persons have obtained anticipatory bail and A5 and A6 are still absconding. Due to pandemic circumstance the 2nd respondent could not able to trace the accused. 4.Considering the above facts and circumstances and submissions made by the learned Additional Public prosecutor, the transfer of investigation would not serve any purpose. However, the 2nd respondent is directed to complete the investigation and file a final report in crime No.504/2019 within a period of 6 months from the date of receipt of a copy of this order. The first respondent is also directed to monitor the investigation done by the second respondent and also ensure that the 2nd respondent shall comply the order passed by this Court.

6. With the above observations, this Criminal Original Petition is disposed off.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar smn To

1. The Deputy Superintendent of Police, Avinashi, Tiruppur District.

2. State by Inspector of Police, Avinashi Police Station, Tiruppur District.

3. State by sub Inspector of Police, Avinashi Police Station, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 3409 of 2020 PP(CO) GMY(27/07/2020) https://hcservices.ecourts.gov.in/hcservices/