R.Kuselan v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27458 of 2019 and Crl.M.P.No.14636 of 2019 R.Kuselan

...Petitioner/De-facto Complainant

Vs.

1. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600007.

2. The Inspector of Police, V7, Nolambur Police Station, Crime No.80 of 2019, Chennai City.

3. The Addl. Director General of Police, Crime Branch CID, Head Quarters, Chennai.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to withdraw the investigation in Crime No.80 of 2019 from the file of the 2nd respondent and to transfer the same to the 3rd respondent for further/fresh investigation. For Petitioner : Mr.N.Manokaran For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The grievance of the petitioner is that though the FIR was registered on 12.02.2019, there is no effective progress in the investigation. As pointed by the learned counsel for the petitioner, the investigation has been pending for the past more than 8 months. The petitioner herein is said to be 87 years and his wife is also 75 years and both of them are undergoing medical ailments. At this juncture, there is no justification on the part of the respondent to have kept the investigation pending for such a long time.

2. Though the petitioner has sought for transfer of the https://hcservices.ecourts.gov.in/hcservices/

investigation, in my view, if the 2nd respondent is directed to complete the investigation within a stipulated time, which investigation to be monitored by a superior officer, the ends of justice could be secured.

3. In the light of the above observations, there shall be a direction to the 2nd respondent herein to complete the investigation, within a period of 4 weeks from the date of receipt of a copy of this order. Such an investigation shall be monitored by the Deputy Commissioner of Police, Anna Nagar, Chennai on a day to day basis.

4. Accordingly, the Criminal Original Petition stands disposed of. Consequently, connected miscellaneous petition is closed.

hvk/jas Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Commissioner of Police, Greater Chennai City, Vepery, Chennai - 600007.

2. The Deputy Commissioner of Police, Anna Nagar, Chennai.

3. The Inspector of Police, V7, Nolambur Police Station, Crime No.80 of 2019, Chennai City.

4. The Addl. Director General of Police, Crime Branch CID, Head Quarters, Chennai.

5. The Public Prosecutor, High Court of Madras.

+1cc to Mr.N.Manokaran, Advocate, SR.No.86660/19 Crl.O.P.No.27458 of 2019 and Crl.M.P.No.14636 of 2019 Kak(20/11/2019) https://hcservices.ecourts.gov.in/hcservices/