Murugesan v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.23205 of 2019 Murugesan
...Petitioner
Vs 1.xxx 2.xxx 3.xxx
4. The Superintendent of Police, Cuddalore District, Cuddalore.
5. The Inspector of Police, Thittakudi Police Station, Cuddalore District.
6. The Additional Director General of Police, CBCID, Guindy, Chennai - 600032.
...Respondents
(Respondents 1 to 3 are not necessary parties and hence, deleted vide order dated 28.08.2019) PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to directing the 4th respondent to withdraw and transfer the case in Crime No.157 of 2019 on the file of the 5th respondent to the 6th respondent CBCID independent agency to conduct further investigation in the above case. For Petitioner : Mr.M.Velmurugan For Respondents: Mr.C.Iyyapparaj, Additional Public Prosecutor for R4 to R6
O R D E R
The prayer in the present petition is for transfer of the investigation. The petitioner herein has predominantly raised a ground stating that though the case has been registered under
Section 174 Cr.P.C., the respondents have not altered the offence and no effective steps have been taken to arrest the culprit.
2. It is seen that the complaint has been registered on 07.08.2019 and that the inquest proceedings are under progress. At this stage, it cannot be concluded that the respondents are being dormant in investigation and transferring the investigation on this ground would not be proper.
3. Nevertheless, if the petitioner is of the view that there isn't effective progress in the investigation, the ends of justice would be secured, if such an investigation is directed to be monitored by an higher official.
4. In the light of the above observations, the Deputy Superintendent of Police, having jurisdiction over the 5th respondent herein namely Thittakudi Police Station, shall monitor the investigation in Crime No.157 of 2019 on a day to day basis. The 5th respondent herein shall endeavour to complete the investigation, as expeditiously as possible. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar hvk (Note: Registry is directed to issue a copy of this order to The Deputy Superintendent of Police, Thittakudi) To
1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Inspector of Police, Thittakudi Police Station, Cuddalore District.
3. The Additional Director General of Police, CBCID, Guindy, Chennai - 600032.
4. The Public Prosecutor, High Court of Madras.
Copy TO The Deputy Superintendent of Police, Thittakudi.
+1cc to Mr.M.Velmurugan, Advocate, S.R.No. 80018 Crl.O.P.No.23205 of 2019 VG I(CO) GN(01/11/2019)