Dr. E.Arivukkarasu v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.12200 of 2021 Dr.E.Arivukkarasu ... Petitioner

Versus

1.The Commissioner of Police, Salem City, Salem.

2.The Assistant Commissioner of Police, Salem City, Salem.

3.The Inspector of Police, Pallapatti Police Station, 4.The Inspector of Police, Sooramangalam Police Station, 5.The Inspector of Police, CBCID, Salem.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the 3rd respondent to transfer the investigation concerned in Crime No.56 of 2021 on the file of the Inspector of Police, Pallapatti Police Station, Salem to the file of 5th respondent to conduct a free and fair investigation and to file a final report within a stipulated time.

For Petitioner :

Mr.C.Prabakaran For Respondents :

Mr.A.Damodaran Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.56 of 2021 on the file of the 3rd respondent to the file of the 5th respondent to conduct a free and fair investigation and to file a final report within a stipulated time.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of the respondent Police.

3.The learned counsel appearing for the petitioner would submit that though the 3rd respondent Police has registered a case in the above said crime number on 20.01.2021, no final report is filed till date. Even for registration of the FIR in Crime No.56 of 2021, the petitioner had to approach the learned Magistrate by filing a petition under Section 156(3) Cr.P.C., and thereafter only, FIR came to be registered. 4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that it is a matrimonial dispute and there are several cases pending between the petitioner and his wife as well as in-laws. This is yet another case. He further submitted that the investigation is in the verge of completion and it would be completed within a period of three months. 5.In view of the above, the 3rd respondent Police is directed to either file a final report or closure report, as the case may be, within a period of three months from the date of receipt of a copy of this order under due intimation to the defacto complainant.

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vv2 To 1.The Commissioner of Police, Salem City, Salem.

2.The Assistant Commissioner of Police, Salem City, Salem.

3.The Inspector of Police, Pallapatti Police Station,

4.The Inspector of Police, Sooramangalam Police Station, 5.The Inspector of Police, CBCID, Salem.

6.The Public Prosecutor, High Court, Madras.

+1cc to M/s.C.Prabakaran, Advocate SR No.38124 CRL.O.P.No.12200 of 2021 PMK (CO) PR (24/08/2021)