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Madras High CourtCRL OP/5801/2020disposed of

M.Thiyagarajan v. The Superintendent Of Police

2020-03-13Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos. 5801 & 5806 of 2020 M.Thiyagarajan ... Petitioner in both Crl.O.Ps Vs.

1.The Superintendent of Police, O/o.Superintendent of Police, Thiruvarur District, Thiruvarur.

2.The Deputy superintendent of Police, O/o.Deputy Superintendent of Police, Nannilam, Thiruvarur District.

3.The Inspector of Police, Peralam Police Station, Peralam, Nannilam Taluk, Thiruvarur District.

... Respondents in both Crl.O.Ps Common Prayer:Criminal Original Petitions filed under Section 482 Cr.P.C. to direct the first and second respondent to transfer the pending investigation in Crime Nos.284 and 340 of 2019, on the file of third respondent to the CBCID or any other agency and to file final report within in the time frame fixed by this Court.

For Petitioner : Mr.R.Baskar (In both Crl.O.Ps) For Respondents : Mr.M.Mohamed Riyaz, (In both Crl.O.Ps) Additional Public Prosecutor. COMMON ORDER This Criminal Original Petitions have been filed seeking a direction to the the first and second respondent to transfer the pending investigation in Crime Nos.284 and 340 of 2019, on the file of third respondent to the CBCID or any other agency and to file final report within in the time frame fixed by this Court.

2.

The learned Counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Without any basis, the third respondent police registered a case in Crime Nos.284 and 340 of 2019 for the alleged offences under Sections 379, 147, 148, 447, 379 and 506 (ii) of IPC.

3.The learned Additional Public Prosecutor submitted that the respondents police have examined the several witnesses and also completed the investigation.

4.It is seen that the respondents police completed the investigation, at this stage the present Criminal Original Petitions have been filed.

5.

Considering the facts and circumstances of the case, this Court is not inclined to transfer the investigation in Crime Nos.284 and 340 of 2019, on the file of third respondent to the CBCID or any other agency. The third respondent police is directed to complete the investigation in Crime Nos.284 and 340 of 2019, pending on his file and file a final report within a period of 12 weeks from the date of the receipt of a copy of this Order. The second respondent is directed to monitor the investigation done by the third respondent.

6.

This Criminal Original Petitions are disposed of accordingly.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar tta To 1.The Superintendent of Police, O/o.Superintendent of Police, Thiruvarur District, Thiruvarur.

2.The Deputy superintendent of Police, O/o.Deputy Superintendent of Police, Nannilam, Thiruvarur District.

3.The Inspector of Police, Peralam Police Station, Peralam, Nannilam Taluk, Thiruvarur District.

4.The Public Prosecutor, High Court, Madras.

+2cc to Mr.R.Baskar, Advocate SR.No.22353, 22354 Crl.O.P.Nos.5801 and 5806 of 2020 MR(CO) GMY(27/07/2020)