Madras High CourtCRL OP/14316/2015disposed of

E.Murugan v. The Superintendent Of Police

2015-06-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14316 of 2015 E.Murugan ...

Petitioner Vs 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Sub-Inspector of Police, Kannamangalam Police Station, Thiruvannamalai.

3.The Inspector of Police, CBCID, 9th Street, Manthoppu, Thiruvannamalai-606 601.

...

Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the 1st respondent to transfer the investigation to the 3rd respondent in respect of the case registered in Crime No.53 of 2015 on the file of the 2nd respondent. For Petitioner :Mr.D.Rajagopal For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the 1st respondent to transfer the investigation to the 3rd respondent in respect of the case registered in Crime No.53 of 2015 on the file of the 2nd respondent, the petitioner has come up with this petition. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents and perused the material placed on record.

3.It is the case of the petitioner that the petitioner's son died under mysterious circumstances and that the police has registered a case under "Man missing" only and not done any investigation. The petitioner has made serious allegations against the Panchayat President and others in the affidavit filed before this Court.

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4.The learned Additional Public Prosecutor, on instructions from the respondent police, submitted that the police have altered the case of man missing to one 302, 302 read with 201 and 302 read with 34 IPC and arrested two accused persons namely Ramachandran (A1) and Venkatesan (A2). Under such circumstances, he cannot state that the respondent police has not investigated the case. Hence, this transfer application is dismissed with a direction to the Deputy Superintendent of Police, Arani, to monitor the investigation in Crime No.53 of 2015 on the file of Kannamangalam Police Station, Thiruvannamalai and take action against the accused expeditiously.

With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar mps To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Sub-Inspector of Police, Kannamangalam Police Station, Thiruvannamalai.

3.The Inspector of Police, CBCID, 9th Street, Manthoppu, Thiruvannamalai-606 601.

4.The Public Prosecutor, High Court, Madras.

1 cc to Mr. D.Rajagopal , Advocate Sr.No.28818/15 Crl.OP.No.14316 of 2015 sr(co) pmk.23.6.2015 https://hcservices.ecourts.gov.in/hcservices/