Natarajan v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Natarajan
...Petitioner
Vs.
1.The Superintendent of Police, Ariyalur District, Ariyalur.
2.The Inspector of Police, CBCID, Ariyalur District.
3.The Inspector of Police, Kairalabath Police Station, Ariyalur District.
...Respondents
Petition filed under Section 482 of Code of Criminal Procedure to direct the first respondent to transfer the investigation concerned in Crime No.44 of 2023 on the file of the Inspector of Police, Kairalabath Police Station, Ariyalur to the file of the second respondent to conduct a free and fair investigation and to file a final report within a stipulated time.
For Petitioner : Mr.C.Prabakarn For Respondent : Mr.K.M.D.Muhilan 1/6
Government Advocate (Crl. Side)
ORDER
This criminal original petition has been filed to direct the first respondent to transfer the investigation concerned in Crime No.44 of 2023 on the file of the Inspector of Police, Kairalabath Police Station, Ariyalur to the file of the second respondent to conduct a free and fair investigation and to file a final report.
2. It is the case of the prosecution that due to previous enmity one Tamilmani and his relatives prevented the petitioner's son from running his hotel and also threatened him with dire consequences, due to which the petitioner's son lodged a complaint before the third respondent police against them and the said complaint was closed as the dispute was settled between them. Thereafter, on 12.04.2023 at about 2.30 p.m. one Sakthivel called upon the petitioner's son Manivannan and took him in a two wheeler and informed the petitioner's daughter that said Manivannan met with an accident. On suspecting that the above said persons would have assaulted the said Manivannan, the petitioner lodged a complaint before the third respondent on the ground of suspicious death. Seeking to transfer the investigation concerned in Crime No.44 of 2023 on the file of 2/6
the Inspector of Police, Kairalabath Police Station, Ariyalur to the file of the second respondent to conduct a free and fair investigation and to file a final report the present petition has been filed.
3. The learned counsel for the petitioner submits that as the FIR was kept pending without any progress, he prays that this Court may issue a direction to the first respondent to transfer the investigation concerned in Crime No.44 of 2023 on the file of the Inspector of Police, Kairalabath Police Station, Ariyalur to the file of the second respondent to conduct a free and fair investigation and to file a final report within a reasonable time fixed by this Court.
4. On the above contentions heard the learned Government Advocate appearing for the respondents and perused the materials placed on record.
5. When the matter is taken up for hearing, it is brought to the notice of this Court that after completion of investigation, the Law Enforcing Agency declared the charges as abated and filed a report before the Judicial Magistrate, Ariyalur in RCS.No.14 of 2024 dated 3/6
14.07.2024. It is also seen that the RCS notice was also served on the petitioner. Hence, nothing survives in the present criminal original petition. However, liberty is granted to the petitioner to work out the remedy in the manner known to law.
6. Accordingly, this Criminal Original Petition is dismissed as abated.
22.04.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6
To 1.The Superintendent of Police, Ariyalur District, Ariyalur.
2.The Inspector of Police, CBCID, Ariyalur District.
3.The Inspector of Police, Kairalabath Police Station, Ariyalur District.
4.The Public Prosecutor, Madras High Court.
5/6
M.DHANDAPANI, J.
rap 22.04.2024 6/6