Annamalai, M/62 Years v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.20977 of 2018 Annamalai .. Petitioner Vs 1.The Superintendent of Police, O/o.Superintendent of Police, Tiruvannamalai, Tiruvannamalai District.

2.The Inspector of Police, Chengam Police Station Tiruvannamalai District.

.. Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to transfer the investigation in Crime No.219 of 2018 dated 04.03.2018, which is pending with the 2nd respondent to some other investigation agency especially C.B.C.I.D. or any other independent Investigation Agency based upon the petitioner's representation dated 12.04.2018 and file Final report within the stipulated time.

For Petitioner : Mr.S.Kumardevan For Respondents : Mr.C.Raghavan, GA

O R D E R

The petitioner is an accused in Chengam Police Station Crime No.355 of 2017 for the offences under Section 147, 148, 294[b], 341, 342 and 301 IPC. It is the case of the petitioner that on 09.07.2017, one Raja and 22 others ransacked the house of the petitioner and caused extensive damage. Therefore, on the complaint given by the petitioner, a case in Crime No.219 of 2018 has been registered on 04.03.2018 under Section 144, 148, 447, 427, 379 and 436 of IPC against Raja and 22 others. It is the contention of the petitioner that the police are not taking any effective steps in crime No.219 of 2018 and therefore, he is before this Court with the above prayer.

2.Heard Mr.Kumaradevan, learned counsel for the petitioner and the learned Government Advocate.

3.Learned Government Advocate submitted that the petitioner was involved in the murder on one Govindan on 09.07.2017. After the murder, it is alleged by the petitioner that the villagers ransacked his house and hence, the case in Crime No.219 of 2018.

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4.In the opinion of this Court, this is not a fit case to transfer the investigation to CBCID. However, this Court directs the Deputy Superintendent of Police, in charge of Chengam Police Station to monitor the investigation in Crime No.355 of 2017 that is being conducted by the Inspector of Police, Chengam Police Station and either file a Closure Report or a Charge Sheet, as the case may be under due intimation to the de facto complainant.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ska/gya To

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

2.The Deputy Superintendent of Police, in charge of Chengam Police Station, Tiruvannamalai District.

3.The Inspector of Police, Chengam Police Station, Tiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Kumaradevan, Advocate SR.NO.59170 MP(C) sm:17.9.2018 CRL.O.P.No.20977 of 2018 https://hcservices.ecourts.gov.in/hcservices/