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Madras High CourtCRL OP/8270/2022disposed of

V.Elango v. State By

2022-04-11Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.8270 of 2022 V.Elango ... Petitioner Vs.

1.State by, The Superintendent of Police, Chengalpattu.

2.State by:

The Inspector of Police, DCB, Chengalpattu.

Crime No.8 of 2022 ... Respondents PRAYER: The Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the investigation to be conducted in Crime No.8 of 2022 pending on the file of second respondent viz., The Inspector of Police, DCB, Chengalpattu under the supervision of the first respondent viz., the Superintendent of Police, Chengalpattu and to file the final report within the time stipulated by this Court. For Petitioner : Mr.Rachuraj.R For Respondent : Mr.V.Meganathan, Government Advocate (criminal side)

O R D E R

This Criminal Original Petition has been filed to direct the investigation to be conducted in Crime No.8 of 2022 pending on the file of second respondent viz., The Inspector of Police, DCB, Chengalpattu under the supervision of the first respondent viz., the Superintendent of Police, Chengalpattu and to file the final report.

2. The learned counsel for the petitioner would submit that the petitioner is the power agent and son in law of one

V.Mangammal, a senior citizen, aged 80 years. The petitioner had lodged a complaint against one O.V.Krishnan and others in respect of the offences of conspiracy, fabrication of documents and Criminal intimidation and land grabbing. Based on which, a case in Crime No.8 of 2022 has been registered by the second respondent on 15.03.2022 for the offence under Section 120B, 420, 465, 467, 468, 471, 507 and 506(ii) of IPC. Learned counsel would further submit that first accused in this case Thiru.O.V.Krishnan is an Advocate and his wife is a retired Assistant Commissioner of Police. He would further submit that based on the influence of the first accused and his wife, who is a former police, the respondents police is not conducting investigation in a proper manner and not proceeding further.

There is a reasonable apprehension and fear that there would be constant interference by the accused who are influential persons to scuttle the investigation. Thereby, the present petition has been filed seeking for a direction to the Superintendent of Police to supervise and monitor the investigation and to file the final report within the stipulated time.

3. Mr.V.Meganathan, learned Government Advocate (crl.side) would submit that the respondents had conducted the investigation in a proper and fair manner. He would submit that though the first accused is an Advocate and his wife is a retired Assistant Commissioner of Police, the respondent is conducting a fair investigation. The respondents will be able to file the final report within a reasonable period after collection of documents.

4. Heard both sides and perused the materials available on record.

5. It is the grievance of the petitioner that the first accused is an Advocate and his wife is a retired Assistant Commissioner of Police and that they are wielding influence and putting spokes to the investigation. The apprehension seems to be genuine and has some force. Though it is submitted by the Government Adovocate (Crl.side) that the investigation is done in fair manner, this Court is of the opinion that the first respondent may be directed to monitor and supervise the investigation done by the second respondent.

6. In view of the above, the first respondent/Superintendent of Police, Chengalpattu is directed to supervise and monitor the investigation done by the second respondent in Crime No.8 of 2022. The final report shall be filed within a period of four months from the date of receipt of a copy of this Order.

7. With the above direction, this Criminal Original Petition stands disposed of .

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar shk/sai To 1.The Superintendent of Police, Chengalpattu.

2.The Inspector of Police, DCB, Chengalpattu.

Crime No.8 of 2022 3.The Public Prosecutor, High Court of Madras.

Copy To:

The Section Officer, Criminal Section, High Court, Madras-104.

+1cc to Mr.Raghu Raj, Advocate, S.R.No.24754 Crl.O.P.No.8270 of 2022 RK(CO) SB(22/04/2022)