Natarajan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.05.2022

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN CRL.OP.NO.10772 OF 2022 Natarajan S/o.Ramalingam Nadutheru, Vadagadal Village Udayarpalayam Taluk ... Petitioner Vs 1.

The Superintendent of Police 2.

The Deputy Superintendent of Police Ariyalur 3.

The Inspector of Police Udayarpalayam Police Station Ariyalur District Crime No.47/2022.

... Respondents PRAYER :

Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the investigation in Crime No.47 of 2022 from the present officer of the 3rd respondent to some other independent investigation officer with the direction and supervision of respondents 1 and 2 for conducting independent and impartial investigation in Crime No.47 of 2022 on the file of the Udayarpalayam Police Station.

For Petitioner : Mr.R.Prabakar For Respondents : Mr.R.Murthi, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.47 of 2022 from the 3rd respondent to some other independent investigation officer with the direction and supervision of respondents 1 and 2 for conducting independent and impartial investigation in Crime No.47 of 2022 on the file of the Udayarpalayam Police Station.

2. The main contention of the learned counsel for the petitioner is that the respondent police colluded with the accused and allowed him to abscond. Further contention is that the investigation conducted by the third respondent police is not in a fair manner.

3. The learned Government Advocate (Crl.Side) would submit that the accused was arrested and remanded to judicial custody on 04.04.2022 and that the investigation is almost completed and charge sheet is to be filed.

4. Considering the facts and circumstances of the case, considering the fact that the respondent police have arrested the accused and remanded him to judicial custody on 04.04.2022 and that the investigation is almost completed and charge sheet is yet to be filed, at this stage, if the investigation is transferred to some other independent agency, no fruitful purpose would be served.

5. Under these circumstances, the petitioner has not made out any reason or ground to transfer the investigation from the respondent police to some other agency. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar mk/ms To 1.

The Superintendent of Police

2.

The Deputy Superintendent of Police Ariyalur 3.

The Inspector of Police Udayarpalayam Police Station 4.

The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Prabakar, Advocate, S.R.No.31141 CRL.OP.No.10772 of 2022 SV(CO) RLP(12/05/2022)