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Madras High CourtCRL OP/20781/2021disposed of

S.Juliyanrayar v. The Superintendent Of Police

2021-11-16Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20781 of 2021 S.Juliyanrajar ... Petitioner/Defacto Complainant

Versus

1.The Superintendent of Police, Coimbatore District.

2.State Rep. by, The Inspector of Police, Sulur Police Station, Coimbatore District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.218 of 2018 pending on the file of the 2nd respondent Police and transfer the same to any other agency. For Petitioner :

Mr.M.Karthik For Respondents:

Mr.A.Damodaran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.218 of 2018, pending on the file of the 2nd respondent Police and to any other investigating agency.

2.The learned counsel for the petitioner submitted that though the FIR was registered in the year 2018, no fruitful investigation was carried out by the 2nd respondent Police. Earlier, the petitioner had approached this Court in Crl.O.P.No.15759 of 2017 seeking direction for registration of FIR against the accused and thereafter, as per the order of this Court, dated 16.08.2017, the FIR in Crime No.218 of 2018 has been registered. After that, the respondent Police did not conduct any investigation and not secured the accused. 3.The learned Additional Public Prosecutor appearing for the respondent Police submitted that in this case, the investigation is at penultimate stage and charge sheet would be filed within a period of three months before the concerned Court.

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4.The apprehension of the petitioner is that the 2nd respondent Police is complaisant with the accused and no worthwhile investigation has been done.

5.In view of the above, the 2nd respondent Police is directed to complete the investigation in Crime No.218 of 2018 and file a final report within a period of three months, from the date of receipt of a copy of this order. The Deputy Superintendent of Police, Karamathampatty, Coimbatore District is directed to monitor the investigation.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar vv2 To 1.The Superintendent of Police, Coimbatore District.

2.The Deputy Superintendent of Police, Karamathampatty, Coimbatore District.

3.The Inspector of Police, Sulur Police Station, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Karthik, Advocate SR.No.59099 CRL.O.P.No.20781 of 2021 RSI(CO) GMY(03/12/2021) https://hcservices.ecourts.gov.in/hcservices/