R.Iyyappan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12835 of 2020 R.Iyyappan

...Petitioner/Defacto Complainant

Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Thiruvarur District.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Thiruvarur District.

3.The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the case in Crime No.501 of 2019 pending on the file of 3rd respondent to some other investigation agency and investigate the same and file the final report expeditiously.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.S.Karthikeyan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to transfer the case in Crime No.501 of 2019 pending on the file of 3rd respondent to some other investigation agency and investigate the same and file a final report expeditiously.

2.It is averred that the petitioner's house premises was broken and opened while they had gone to funeral ceremony at Vedharnyam and completely destroyed and jewels were missing from the house. Therefore, immediately the petitioner lodged a complaint before the 3rd respondent and the same was registered in Crime No.501 of 2019 for the offences punishable under Sections 454 and 380 of IPC with the allegations of 22 severance of jewels were missing. Even then, the 3rd respondent without even collecting any CCTV footages from in and around of the petitioner's house and kept the complaint in cold storage.

3.The learned Additional Public Prosecutor submitted that it is a case of house broken and theft and as such the investigation is still pending. The 3rd respondent also verified in and around the petitioner's house and could not get any CCTV footages. He further submitted that whenever he find any single clue they will complete the investigation.

4.It is a case of 454 and 380 of IPC and the 3rd respondent could not find out the burglars as such the 3rd respondent could not able to complete the investigation. Considering the above facts and circumstances, at this stage the transfer of investigation could affect the entire process since the 3rd respondent already started investigation. However, the 3rd respondent is directed to complete the investigation and to file final report within the period of four months from the date of receipt of copy of this order. The 2nd respondent is directed to monitor the investigation done by the 3rd respondent.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gbi

To 1.The Superintendent of Police, O/o. the Superintendent of Police, Thiruvarur District.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Thiruvarur District.

3.The Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12835 of 2020 VG II (CO) KKV/09/10/2020