A.Sheik Alvdeen v. State By The Superintendetn Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN A.Sheik Alvdeen Petitioner Vs
1. State By The Superintendent Of Police Nagapattinam District, Nagapattinam 2.The Inspector Of Police Nagoor Police Station, Nagapattinam District Respondents PRAYER :- Criminal Original Petition filed under Sec. 528 of B.N.S.S., praying to issue a direction to the respondents to consider the representation of the petitioner dated 11.01.2025 and to transfer the investigation of the case in Crime No 391 of 2024 on the file of respondent no 2 to CBCID investigation For Petitioner:
Mr.P.Pugalenthi For Respondents:
Mr. K.M.D.Muhilan Govt. Advocate (Crl. Side) 1/5
ORDER
This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.391 of 2024 from the file of the second respondent to the file of the CBCID.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. According the the petitioner, he informed the concerned police regarding the possession of Ganja by the accused persons. Therefore, the accused persons attacked the petitioner and also threatened him with dire consequences. As a result, the petitioner sustained injuries and was immediately admitted to the hospital as in-patient. The only grievance of the petitioner is that though the petitioner was admitted in the hospital as in-patient for 15 days, the second respondent police failed to conduct proper investigation and had released the accused persons on station bail without due enquiry.
4. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that after registration of the FIR, the accused were 2/5
secured and subsequently released on bail. Now, the investigation is under progress and about to complete the same. At this stage, transferring the investigation from the file of the second respondent to any other agency, it would affect the entire investigation conducted by the second respondent.
5. In view of the above, this Court is not inclined to transfer the investigation in Crime No.391 of 2024 from the file of the second respondent to the file of the CBCID. Accordingly, this Criminal Original Petition stands dismissed. However, the second 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 first respondent is directed to monitor the investigation conducted by the second respondent. 20-02-2025 lpp Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5
To 1.The Superintendent Of Police Nagapattinam District, Nagapattinam 2.The Inspector Of Police Nagoor Police Station, Nagapattinam District
3. The Public Prosecutor, High Court, Madras.
4/5
G.K.ILANTHIRAIYAN J.
lpp CRL OP No. 4674 of 20-02-2025 5/5