S.Baskaran, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 20421 of 2018 S. Baskaran ..Petitioner -Vs1. The Police Commissioner EVK Sampath Salai, Vepery, Chennai -7.

2. The Assistant Commissioner Kundrathur Police Station, Chennai

3. The Superintendent of Police, Tiruvarur District, Tiruvarur.

4. The Inspector of Police, Mannargudi Police Station, Mannargudi, Thiruvarur District.

5. The Deputy Superintendent of Police, CBCID, No. 220, Pantheon Road, Egmore, Chennai.

..Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to transfer the investigation in Crime No. 819 of 2017, pending on the file of the 4th respondent herein, to some other agency more particularly the 5th respondent herein within a stipulated time. For Petitioner : M/s. S. Bharathy Kannan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The prayer in the petition is to direct the respondents 1 to 4 herein to transfer the investigation in Crime No. 819 of 2017, pending on the file of the 4th respondent herein, to some other agency more particularly the 5th respondent.

2. Heard both sides and perused the documents available on record.

3. It is submitted by the learned counsel for the petitioner that a case in Crime No. 819 of 2017 has been registered by the 4th respondent with regard to the death of the petitioner's son and since no action has been taken by the 4th respondent even after of completion of post mortem, the petitioner has filed this writ petition to transfer the investigation from the 4th respondent to some other individual agency, more particularly the 5th respondent.

4. The learned Additional Public Prosecutor has submitted that the investigation in the said crime number is under process and the transfer of investigation at this stage would affect the process of investigation.

5. Considering the facts and circumstances of the case, the Inspector of Police, Mannargudi Police Station, Mannargudi is directed to complete the investigation and file a final report within a period of four weeks from the date of receipt of a copy of this order.

With the above directions, the writ petition stands disposed of. No costs.

Sd/- Deputy Registrar (CJ Conf.,) //True Copy// Sub Assistant Registrar ak To

1. The Police Commissioner EVK Sampath Salai, Vepery, Chennai -7.

2. The Assistant Commissioner Kundrathur Police Station, Chennai

3. The Superintendent of Police, Tiruvarur District, Tiruvarur.

4. The Inspector of Police, Mannargudi Police Station, Mannargudi, Thiruvarur District.

5. The Deputy Superintendent of Police, CBCID, No. 220, Pantheon Road, Egmore, Chennai.

6. The Public Prosecutor, High Court, Madras.

W.P.No.20421 of 2018 VSN-II(CO) SSM(19/06/2019)