Madras High CourtCRL OP/22858/2016closed

S. Aravind, Age 26 Years, v. The State Rep. By The

2016-10-07Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.KALAIYARASAN Crl.O.P.No.22858 of 2016 and Crl.M.P.No.10069 of 2016 S.Aravind ..Petitioner Vs.

State rep by 1.The Commissioner of Police, Coimbatore City.

2.The Inspector of Police, B-2 Police Station, R.S.Puram [Crime], Coimbatore City.

3.The Sub Inspector of Police, B-2 Police Station, R.S.Puram [Crime], Coimbatore City.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the investigation in Crime No.484 of 2016 pending on the file of the 3rd respondent to any other police officer under the jurisdiction of the 1st respondent.

For Petitioner : Mr.S.Venkatesh For Respondents : Mr.C.Emalias, APP

O R D E R

This Criminal Original Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 praying to transfer the investigation in Crime No.484 of 2016 pending on the file of the 3rd respondent to any other police officer under the jurisdiction of the 1st respondent.

2. Heard both sides.

3. It is averred in the petition that a case in Crime No.484 of 2016 was registered only as per the direction of this Court and even after registration of the case, the 3rd respondent-Police has not shown any interest in progressing the investigation. Though offence under several Sections are made out, the case was registered only under Section 468 and https://hcservices.ecourts.gov.in/hcservices/

471 IPC. Therefore, the petitioner has come forward with this petition seeking to transfer the investigation to any other Police officer.

4. Learned Additional Public Prosecutor submits that the case was registered for offences under Section 468 and 471 IPC and if other offences are made out, it will be included in the final report and there is progress in the investigation.

5. This Court considered the rival submissions of both sides. The case was registered on 30.07.2016 as per the direction of this Court and the investigation is in progress, according to the learned Additional Public Prosecutor and considering the facts and circumstances of this case, the respondent is directed to expedite the investigation under the supervision of the Assistant Commissioner of Police, Coimbatore and file a final report in accordance with law. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gya To 1.The Commissioner of Police, Coimbatore City.

2.The Assistant Commissioner of Police, Coimbatore City.

3.The Inspector of Police, B-2 Police Station, R.S.Puram [Crime], Coimbatore City.

4.The Sub Inspector of Police, B-2 Police Station, R.S.Puram [Crime], Coimbatore City.

5.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S. Venkatesh, Advocate Sr.57835 Crl.O.P.No.22858 of 2016 SR(CO) EU 14.11.16 https://hcservices.ecourts.gov.in/hcservices/