D.Saravanan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8462 of 2019 D.Saravanan

...Petitioner

-Vs1.The State rep. by The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, City Crime Branch, Coimbatore.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in F.I.R. No.30 of 2017 pending on the file of the 2nd respondent to the file of the CB-CID.

For Petitioner : Mr.P.Saravana Sowmiyan For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This petition has been filed to transfer the investigation in F.I.R. No.30 of 2017 pending on the file of the 2nd respondent to the file of the CB-CID, Coimbatore. 2.The learned counsel for the petitioner submitted that already the petitioner filed a petition to investigate the Crime No.30 of 2017. This Court by its order dated 09.08.2017 directed the 2nd respondent to complete the investigation and file a final report in Crl.O.P.No.13292 of 2017 expediously. Even, after passing of that order, the investigation is still pending. Hence, the petitioner has filed the present petition. 3.The learned Government Advocate (Crl. Side) submitted that the investigation officer post was kept vacant. Therefore, they could not conduct the investigation within the stipulated time given by this Court. He further submitted that, now the new investigation officer has been appointed and the investigation is in progress.

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4.In view of the above submissions made by the learned Government Advocate (Crl.Side), the transfer of investigation cannot be granted now, as the same would affect the investigation. However, the 2nd respondent is directed to complete the investigation and to file a final report within a period of six weeks from the date of receipt of copy of this order.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, City Crime Branch, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Saravana Sowmiyan, Advocate sr.39311 Crl.O.P.No.8462 of 2019 rr(co) nr 26/06/2019 https://hcservices.ecourts.gov.in/hcservices/