S.Surya @ Vaisurya v. The Deputy Superintendent Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.OP No.28519 of 2015 S.Surya @ Vaisurya ..Petitioner Vs.

1.The Deputy Superintendent of Police, Chengalpet Sub division, Chengalpet.

2. The Inspector of Police, D.4 Padalam Police Station, Kanchipuram District.

..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the first respondent to transfer the case pending before the second respondent FIR No.705 of 2015 to any other police officer or any other investigation agency based on the petitioner complaint dated 24.11.2015. For Petitioner : Mr.A.Ramesh Manikandan For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the case pending before the second respondent in Crime No.705 of 2015 to any other police officer or any other investigation agency based on the petitioner complaint dated 24.11.2015.

2. The petitioner has lodged a complaint as against Mogan, S/o.Muniyandi, Mani, Dhatchayani, D/o.Madurai, stating that the above said persons along with four other persons had assaulted the petitioner and threatened the petitioner with dire consequences. The petitioner has lodged a complaint on https://hcservices.ecourts.gov.in/hcservices/

the same day and the second respondent police registered a case in Crime No.705 of 2015 for the offences under sections 294(b), 324, 307 and 506(ii) IPC. But till date, there is no progress in the investigation of the case. Hence unsatisfied with the investigation of the second respondent, the petitioner has come forward with the present petition.

3. The learned Additional Public Prosecutor submitted that the occurrence has taken place only on 21.11.2015 and the investigation is in progress and the second respondent is searching the accused and as soon as the accused persons are secured, he will proceed with the investigation and thus, he opposed to transfer the investigation.

4. In view of the submissions made on either side, in my considered opinion, no specific ground has been made out to transfer the investigation. Therefore, this court directs the second respondent to expedite investigation in Crime No.705 of 2015 and complete the same as early as possible. 5.

The Criminal Original Petition is ordered accordingly.

vrc Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:

1. The Deputy Superintendent of Police, Chengalpet Sub division, Chengalpet.

2. The Inspector of Police, D.4 Padalam Police Station, Kanchipuram District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.A.Ramesh Manikandan, Advocate Sr 64503. KJJ/CO KR/23/12 Crl.OP No.28519 of 2015 https://hcservices.ecourts.gov.in/hcservices/