V.Komathi v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21063 of 2019 V.Komathi

...Petitioner

Vs State represented by 1.Deputy Commissioner of Police, Kilpauk, Chennai - 600 084.

2.The Inspector of Police, G-2, Periamet (L&O) Police Station, Periamet, Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction to transfer the investigation in case in Crime No.75 of 2019 pending on the file of Inspector of Police, G-2, Periamet Police Station, Chennai, transfer to CBCID or any other competent agency and submit the final report. For Petitioner : Mr.P.Iyappan For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to direct the second respondent police to transfer the case in Crime No.75 of 2019 to CBCID or any other competent agency and submit the final report.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The grievance of the petitioner in the present case is that the petitioner is seeking for transfer of the investigation is that pursuant to the death of her father, the respondents have not taken any initiation and has not proceed with the investigation in the F.I.R in Crime No.75 of 2019 registered https://hcservices.ecourts.gov.in/hcservices/

under Section 174 of Cr.P.C.

4. In my view, the grievance seems to be on the inaction on the part of the respondents to expeditiously complete the investigation and therefore transfer of the investigation cannot be the appropriate remedy. Notwithstanding the same, if the respondents are directed to complete the investigation and file a final report within the stipulated time, ends of justice would be secured.

5. With the above observation, there shall be a direction to the second respondent herein to complete the investigation in the F.I.R in Crime No.75 of 2019 within a period of three months and file a final report from the date of receipt of a copy of this order. Such investigation shall be monitored by the first respondent herein.

6. This Criminal Original Petition is closed with the above direction.

Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar krk To

1. Deputy Commissioner of Police, Kilpauk, Chennai - 600 084.

2. The Inspector of Police, G-2, Periamet (L&O) Police Station, Periamet, Chennai.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Iyappan, Advocate, S.R.No. 77569 (12/11/2019) Crl.O.P.No.21063 of 2019 PM(CO) GN(15/10/2019) https://hcservices.ecourts.gov.in/hcservices/