Subramani v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.9623 of 2020 Subramani ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Salem District.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The Inspector of Police, Thammampatti Police Station, Salem District.

.. Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondents 1 and 2 to transfer the investigation of the case in Cr.No.143 of 2019 on the file of the 3rd respondent police to any other officer under the supervision of the 2nd respondent and conduct the proper investigation within the time stipulated as fixed by this court.

For Petitioner : Mr.M.Rajendiran For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 and 2 to transfer the investigation of the case in Cr.No.143 of 2019 on the file of the 3rd respondent police to any other officer under the supervision of the 2nd respondent and conduct the proper investigation within the time stipulated as fixed by this court.

2. The learned Additional Public Prosecutor has submitted that after registering FIR in Cr.No.143 of 2019, the third respondent completed the investigation and closed the same as 'undetected' on 22.06.2020 and referred charge sheet notice in No.5 of 2020 was also served to the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/

Therefore, no investigation is pending on the file of the third respondent. As such, transfer of investigation does not arise. However, the third respondent is directed to serve fresh referred charge sheet notice to the petitioner/defacto complainant within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is at liberty to file the protest petition in the manner known to law.

3. In the result, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar gv To 1.The Superintendent of Police, Office of the Superintendent of Police, Salem District.

2.The Deputy Superintendent of Police, Attur, Salem District.

3.The Inspector of Police, Thammampatti Police Station, Salem District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9623 of 2020 VSN II(CO) GMY(09/09/2020) https://hcservices.ecourts.gov.in/hcservices/