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Madras High CourtCRL OP/25464/2017ordered

R.Marimuthu, v. The Superintendent Of Police,

2018-01-11Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No. 25464 of 2017 R.Marimuthu ..Petitioner Vs

1. The Superintendent of Police, O/o.The Superintendent of Police, Karaikal District.

2. The Inspector of Police, Traffic Karaikal (Crime No. 174 of 2016) ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation of the Crime No. 174 of 2016 on the file of the 2nd respondent police to some other investigating agency.

For Petitioner : Mr.S.Arumugam For Respondents : Mr.V.Balamurugane -APP (Puducherry)

O R D E R

The prayer in the present petition is to transfer the investigation of the Crime No. 174 of 2016 on the file of the 2nd respondent police to some other investigating agency.

2. Heard both sides.

3. The petitioner apprehends that the investigation is not proceeding in a right track, since there are discrepancies in the statement of witnesses recorded under Section 161 (3) Cr.P.C . The learned Additional Public Prosecutor (Puducherry) however opposed the submissions, stating that the investigation is being conducted in a proper manner and it is pre-mature to consider the said plea, since the charge sheet is yet to be filed.

4. In view of the submissions made by the learned Additional Public Prosecutor (Puducherry) that the investigation is being conducted properly, I am of the view that investigation can be proceeded by the same investigating officer https://hcservices.ecourts.gov.in/hcservices/

and the first respondent may be permitted to monitor the said investigation.

5. It is made clear that this Court had not expressed any adverse remarks and the finding on the investigation conducted by the second respondent.

6. In the result, this criminal original petition is ordered with a direction to the second respondent to complete the investigation in Crime No.174 of 2016 as expeditiously as possible, in any case within a period of six weeks from the date of receipt of a copy of this order. Such investigation shall be monitored by the first respondent herein.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ak To

1. The Superintendent of Police, O/o.The Superintendent of Police, Karaikal District.

2. The Inspector of Police, Traffic Karaikal

3. The Additional Public Prosecutor Puducherry.

+1cc to Mr.S.Arumugam, Advocate, S.R.No.3218 +1cc to the Government Pleader, S.R.No.3107 Crl.O.P.No. 25464 of 2017 RRK(19/01/2018) https://hcservices.ecourts.gov.in/hcservices/