Sharavanan v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17676 of 2023 and Crl.M.P.No.11626 of 2023 Sharavanan .. Petitioner Vs.
1. The Superintendent of Police, Salem Rural, Salem District.
2. The Deputy Superintendent of Police, Mangamma Salai, Vazhapadi, Salem District
3. The Inspector of Police, Ethapur Police Station, Salem District.
4. The Inspector of Police, CBCID, Salem.
..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of the case in Crime No.211/2023 on the file of 3rd Respondent herein to the 4th Respondent/CBCID, Salem and to file a final report within time limit to be fixed by this Court. 1/6
For Petitioner : Mr.B. Kumarasamy For Respondents : Mr.A.Damodaran Additional Public Prosecutor
O R D E R
This petition has been filed for a direction to transfer the investigation in Crime No.211 of 2023 pending on the file of the 3rd respondent to some other investigation agency.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
3.The main grievance that was addressed by the learned counsel for the petitioner is that the 2nd respondent viz., the Deputy Superintendent of Police is interfering with the investigation conducted by the 3rd respondent and hence, the 3rd respondent is not conducting a fair investigation in this case. In view of the same, the learned counsel for the petitioner submitted that the investigation must be monitored by the 1st respondent viz., the Superintendent of Police. 2/6
4.The learned Additional Public Prosecutor submitted that independent investigation is done by the 3rd respondent and that the 2nd respondent will not interfere with the investigation and the investigation will be completed as expeditiously as possible.
5.In the light of the specific stand taken by the learned Additional Public Prosecutor, there shall be a direction to the 3rd respondent to proceed further with the investigation effectively in Crime No.211 of 2023 and complete the same as expeditiously as possible. It is made clear that the 2nd respondent viz., the Deputy Superintendent of Police will not interfere with the investigation. If at a later point of time, it comes to surface that the 2nd respondent is interfering with the investigation, at that point of time, it is left open to the petitioner to approach this Court and this Court will take into consideration the facts and circumstances and pass appropriate orders. For the present, the assurance given by the learned Additional Public Prosecutor will sufficiently take care of the grievance expressed by the petitioner.
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6.This criminal original petition is disposed of in the above terms. Consequently, connected miscellaneous petition is closed. 08.08.2023 Index : Yes/No Internet : Yes/No ssr Note: Issue Order Copy on 11.08.2023 To
1. The Superintendent of Police, Salem Rural, Salem District.
2. The Deputy Superintendent of Police, Mangamma Salai, Vazhapadi, Salem District
3. The Inspector of Police, Ethapur Police Station, Salem District.
4. The Inspector of Police, CBCID, Salem.
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5.The Public Prosecutor High Court of Madras, Madras.
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N.ANAND VENKATESH, J ssr Crl.O.P.No. 17676 of 2023 and Crl.M.P.No.11626 of 2023 08.08.2023 6/6