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Madras High CourtCRL OP/17820/2018disposed of

Padmanarmadha, v. The Superintendent Of Police,

2021-07-13Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.17820 of 2018 Padmanarmadha .. Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Tiruppur District, Tiruppur.

2.The State rep.by Inspector of Police, Cheyur Police Station, Avinashi, Tiruppur District.

(Cr.NO.154/2018) .. Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the 1st respondent to withdraw the investigation in Cr.No.154 of 2018 on the file of the 2nd respondent herein, and transfer the investigation to any other independent investigation agency for the purpose of conducting fair investigation in Cr.NO.154 of 2018 in accordance with law.

For Petitioner : Mr.S.Vinoth Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition seeking to direct the 1st respondent to withdraw the investigation in Cr.No.154 of 2018, on the file of the 2nd respondent herein, and transfer the investigation to any other independent investigation agency for the purpose of conducting fair investigation in Cr.NO.154 of 2018 in accordance with law.

2. The grounds raised by the counsel for the petitioners are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all https://hcservices.ecourts.gov.in/hcservices/

the grounds before the Investigating Officer and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the 2nd respondent Police.

3.It is now represented by the learned counsel appearing for the petitioner that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and complete the same as early as possible.

4.In view of the above, this Court directs the 2nd respondent Police, to expedite the investigation in C.r.No.154 of 2018 and complete the same, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Sk To 1.The Superintendent of Police, Tiruppur District, Tiruppur.

2.The Inspector of Police, Cheyur Police Station, Avinashi, Tiruppur District.

(Cr.NO.154/2018) 3.The Public Prosecutor, Madras High Court.

+1cc to Mr.S.Vinoth Kumar, Advocate, S.R.No. 32826 CRL.O.P.No.17820 of 2018 JPL(CO) GN(05/08/2021) https://hcservices.ecourts.gov.in/hcservices/