M.Anandan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :12.07.2021
CORAM:
THE HON'BLE MR. JUSTICE M. NIRMAL KUMAR CRL.O.P.No.11420 of 2021 M.Anandan ... Petitioner
Versus
1. The Superintendent of Police, Tirupattur District, Tirupattur - 635 601.
2. The Inspector of Police, Vaniyambadi Police Station, Vellore District.
... Respondents (Crime No.78 of 2011) Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first and second respondents to transfer the entire files relating to Crime No.78 of 2011, on the file of th second respondent herein, to any other Investigating Agency, more preferably to the District Crime Branch, Tirupattur District or any other competent Investigating Agency with a direction to complete the investigation, within a time frame as may be fixed by this Court. For Petitioner : Mr. Elizabeth Ravi For Respondents : Mr.E.Raj Thilak Counsel for Government of Tamil Nadu (Crl.side)
ORDER
The petitioner is the defacto complainant in Crime No.78 of 2011, has filed this petition seeking a direction to transfer the investigation, since the respondents/police have not taken proper steps to conduct investigation and complete the same. 2.The learned Counsel for Government of Tamil Nadu (Crl.side) appearing for the respondents submitted that now the investigation is completed and charge sheet filed and the same is taken on file in C.C.No.103 of 2021, before the Judicial Magistrate, Vaniyambadi, Vellore District. Further, he submitted that there are totally five accused in this case, only nine witnesses to be examined and he also submitted that the entire trial would be completed, within stipulated time. https://hcservices.ecourts.gov.in/hcservices/
3.Considering the submission of the learned Counsel for Government of Tamil Nadu (Crl.side) appearing for the respondents, it is seen that the case in Crime number is assigned in the year 2011 and the charge sheet is filed only after 10 years. The petitioner is a Senior citizen, aged about 70 years and it is seen that only nine witnesses to be examined. 4.In view of the same, the Trial Court is directed to complete the trial, within a period of four months, after commencement of normal functioning of the Court. If the petitioner adopt any dilatory tactics, by any means, the Trial Court shall take necessary action including taking them to custody, for completing the trial.
5.With the above observation and direction, the Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar klt To
1. The Chief Judicial Magistrate, Vaniyambodi, Vellore District (for Information)
2. The Judicial Magistrate, Vaniyambodi, Vellore District.
3. The Superintendent of Police, Tirupattur District, Tirupattur - 635 601.
4. The Inspector of Police, Vaniyambadi Police Station, Vellore District.
5. The Public Prosecutor, High Court, Madras.
+1CC to M/s.Elizabeth Ravi, Advocate, Sr.No.32760/21 CRL.O.P.No.11420 of 2021 JPL (CO) K.RK. (03.08.2021) https://hcservices.ecourts.gov.in/hcservices/