Mokkayi, Aged 55 Years, v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2018 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.17195 of 2018 Mokkayi W/o.Veeramuthu ...Petitioner Vs.

State rep. by The Inspector of Police, Thalavai Police Station, Ariyalur District.

... Respondent Criminal Original Petition is filed under Section 482 of Cr.P.C to transfer the investigation in Crime No.56 of 2018 on the file of the respondent police station to CB CID, Ariyalur. For Petitioner: Mr.P.Pugalenthi For Respondent: Mr.C.Raghavan Government Advocate.

O R D E R

This criminal original petition has been filed to transfer the investigation in Crime No.56 of 2018 on the file of the respondent police to CB CID, Ariyalur.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3. On the complaint lodged by the petitioner, the respondent police have registered a case in Crime No.56 of 2018 on 15.05.2018 for the offence under Sections 147, 148, 294(b), 448, 323, 324, 355, 506(ii) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 against Rajenderan and others. Not satisfied with the progress of investigation, this petition has been filed with the above prayer.

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4. Mr.P.Pugalenthi, learned counsel for the petitioner, who submitted that the petitioner has been excommunicated from the village. However, the learned Government Advocate (Crl.Side) submitted that the dispute between the petitioner and the accused is essentially civil in nature and that has been given a criminal colour.

5. Be that as it may, this Court is of the view that this is not a fit case to transfer the investigation to any other agency. However, the Deputy Superintendent of Police, Ariyalur is directed to monitor the investigation in Crime No.56 of 2018 that has been conducted by the Inspector of Police. The investigation shall be conducted expeditiously and thereafter, it is open to the police to file a charge sheet or closure report as the case may be under due intimation to the defacto complainant.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kmi To

1. The Inspector of Police, Thalavai Police Station, Ariyalur District.

2. The Deputy Superintendent of Police, Ariyalur.

3. The CBCID, Ariyalur.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Pugalenthi, Advocate Sr.43401 Crl.O.P.No.17195 of 2018 BS(CO) srg 20/07/2018 https://hcservices.ecourts.gov.in/hcservices/