K.Govindasamy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.10867 of 2022 K. Govindasamy ... Petitioner Vs

1. The Commissioner of Police Salem City Salem.

2. The Deputy Superintendent of Police Sooramangalam Sub-Division Salem District.

3. The Inspector of Police Salem Town Police Station Salem City Salem.

4. The Inspector of Police Pallapatty Police Station Salem City Salem District.

5. Sarankumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation with respect of the Crime No.59 of 2022 pending on the file of the fourth respondent to any other investigating agency and consequently, direct them to proceed with investigation.

For Petitioner :

Mr.R.Nalliyappan For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R.R.1 to 4.

O R D E R

This Criminal Original Petition has been filed to transfer the investigation with respect of Crime No.59 of 2022 pending on the file of the fourth respondent to any other investigating

agency and consequently, direct them to proceed with investigation.

2. Heard Mr.R.Nalliyappan, learned counsel appearing for the petitioner and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for the respondents 1 to 4.

3. It is the grievance of the petitioner that his daughter, Sumitha, aged about 28 years, went missing from 24/9/2021. Even though complaint was lodged by the petitioner, Police is not taking any action to trace his daughter.

4. From the materials available on record, it could be deduced that earlier, the petitioner had filed Habeas Corpus Petition No.533 of 2022 and this Court, vide, order, dated 4/4/2022, recording the submission of the learned Additional Public Prosecutor to the effect that the petitioner's daughter eloped with the fifth respondent herein and closed the Habeas Corpus Petition, with a direction to the Deputy Superintendent of Police, Sooramangalam Sub-Division, to proceed with the investigation in Pallapatty Police Station in Crime No.59 of 2022.

5. In such a view of the matter, respondents Police is directed to expedite the investigation and proceed the case further. The petitioner is also directed to cooperate with the respondent Police and give the correct address of the fifth respondent, if any.

6. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mvs.

To

1. The Commissioner of Police Salem City, Salem.

2. The Deputy Superintendent of Police Sooramangalam Sub-Division, Salem District.

3. The Inspector of Police, Salem Town Police Station, Salem City, Salem.

4. The Inspector of Police, Pallapatty Police Station, Salem City, Salem.

5. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Nalliyappan, Advocate, S.R.No.37139 Crl. O.P. No.10867 of 2022 SJ(CO) UMA(01/07/2022)