Manickam v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.14099 of 2019 Manickam .. Petitioner -vs1.The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai.

2.The Deputy Commissioner of Police, T.Nagar Range, Ashok Nagar, Chennai-600 083.

3.The Superintendent of Police, CBCID [Metro], Guindy, Chennai.

4.State by Inspector of Police, K3-Ashock Nagar Police Station, Chennai.

(Crime No.128 of 2019) .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to pass an order to transfer the investigation of the above said case in Crime No.128 of 2019 on the file of the 4th respondent herein viz., the Inspector of Police, K3-Ashok Nagar Police Station, Chennai, to the file of the Superintendent of Police, CBCID (Metro), Guindy, Chennai or to any other competent investigating agency for proper investigation and to file a final report before the competent court.

For Petitioner : Ms.R.Divya For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

ORDER

This petition has been filed seeking for transfer of investigation in Crime No.128 of 2018, which is pending on the file of the fourth respondent to some other agency. 2.The fourth respondent has filed a status report before this Court. It is seen from the status report that the FIR was registered in Crime No.128 of 2019 under Section 174 Cr.P.C. on 04.05.2019. The Sub Inspector of Police took up the investigation and has conducted the inquest in the presence of panchayatars and the body was also taken for post-mortem. The Investigating Officer has examined 13 witnesses and recorded their statements. The Investigating Officer is now awaiting for viscera report and the final opinion of the post-mortem doctor. In all other aspects, the investigation has been completed. 3.

This Court does not want to interfere with the investigation at this stage and feels that it is premature. The fourth respondent must be permitted to continue with the investigation. If at all, the petitioner has any grievance after filing of the final report, at that point of time, the petitioner can always redress his remedy by filing an appropriate petition.

4.In view of the above, this Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kal To 1.The Commissioner of Police, Greater Chennai City Police, Vepery,Chennai.

2.The Deputy Commissioner of Police, T.Nagar Range, Ashok Nagar, Chennai-600 083.

3.The Superintendent of Police, CBCID [Metro], Guindy, Chennai.

4.The Inspector of Police, K3-Ashock Nagar Police Station, Chennai.

5.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.K.Balu, Advocate, S.R.No.57982 +1cc to the Government Pleader, S.R.No.

Crl.O.P.No.14099 of 2019 CNR(CO) RRS(08/08/2019)