R.Nandagopal v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.27530 of 2019 R.Nandagopal

...Petitioner

Vs.

1. State represented by, The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.

2. The Commissioner of Police, Chennai City Police, Vepery, Chennai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Crime No.261 of 2019 from the file of the 1st respondent to a different agency or by a different officer monitored by a superior officer not below the rank of an Assistant Commissioner of Police. For Petitioner : Mr.R.Murali For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The prayer sought for in the present petition is to transfer the investigation in Crime No.261 of 2019 from the file of the 1st respondent to a different agency or to a different officer monitored by a superior officer not below the rank of an Assistant Commissioner of Police.

2. The apprehension of the learned counsel for the petitioner is that there is no effective progress in the investigation and therefore, seeks for transfer of the 1/3

investigation. The learned counsel also submits that the appropriate offences have not been incorporated in the FIR.

3. In my view, the transfer of investigation cannot be made on these grounds and that incorporation of the offences would be on the outcome of the investigation and on the basis of the evidences collected. Nevertheless, if the investigation is directed to be completed within a stipulated time and such investigation is monitored by a superior officer, the ends of justice could be secured.

4. In the light of the above observations, there shall be an direction to the 1st respondent herein to complete the investigation, within a period of 12 weeks from the date of receipt of a copy of this order. Such an investigation shall be monitored by the Deputy Commissioner of Police, Adyar, on a day to day basis.

5. The Criminal Original Petition stands disposed of accordingly.

Sd/- Asst.Registrar (Insp cell) /true copy/ Sub Asst. Registrar hvk To

1. The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.

2. The Commissioner of Police, Chennai City Police, Vepery, Chennai.

3. The Deputy Commissioner of Police, Adyar, Chennai.

2/3

4. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.R.Murali Advocate sr87264 Crl.O.P.No.27530 of 2019 aa15/11/2019 3/3