J.Keertika v. State Of Tamil Nadu Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14760 of 2020 J.Keertika, F/25 yrs, D/o. G.Jothi, No.61/22, Muthiah Mudhali Street, Old Washermenpet, Chennai-600 021. ... Petitioner Vs.
1.State of Tamil Nadu rep., The Inspector of Police, H-4, Korukkpet Police Station, Chennai-600 078.
2.The Commissioner of Police Chennai City, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007 ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the second respondent herein, viz., the Commissioner of Police, to transfer the case to some other Investigation Officer from the file of the first respondent Inspector of Police, H-4, Korukkupet Police Chennai District in FIR.No.4 of 2020 and also to complete the investigation within the stipulated time.
For Petitioner : Mr.K.Shyam Sundar For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
This petition has been filed for a direction directing the respondent to transfer the investigation from the file of the first respondent to the some other investigation officer in Crime No.4 of 2020.
2.It is averred that after registering the FIR there is absolutely no progress in the investigation. Though FIR has been registered in Crime No.4 of 2020 they are still threatening with dire consequences. Even then, the first respondent did not take any action as against the accused persons. 3.Per contra, the learned Additional Public Prosecutor appearing for the respondent would submit that on the complaint lodged by the petitioner, the FIR has been registered in Crime No.4 of 2020 for the offence under Sections 447, 323, 324 of IPC as against two accused persons. They were also arrested and released on bail. The first respondent so far examined eight witnesses and also completed the entire investigation by recovering all the related materials including the video graphs on the date of occurrence.
Now, the charge sheet is pending and waiting for approval from the Assistant Public Prosecutor. 4.It is seen that only ground raised by the petitioner is that after registration of complaint the first respondent did not take any steps to investigate the crime. The learned Additional Public Prosecutor would submit that the first respondent so far examined eight witnesses and also completed the investigation. The first respondent is waiting for approval from the Assistant Public Prosecutor to file a final report. 5.Considering the above submissions, transfer of investigation would not serve any purpose and already investigation is completed and the first respondent is about to file a final report and the transfer of investigation cannot be considered. Therefore, this petition is dismissed as devoid of merits.
However, the first respondent is directed to file a final report in Crime No.4 of 2020 within a period of six weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Police Chennai City, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai-600 007.
2.The Inspector of Police, H-4, Korukkpet Police Station, Chennai-600 078 3.The Public Prosecutor, High Court, Madras.
+1cc to the Government Pleader Sr.31182 Crl.O.P.No.14760 of 2020 pp[co] srg 20/10/2020