Thillainayagi v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2019
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.31267 of 2019 Thillainayagi
...Petitioner
Vs.
State rep. by
1. The Deputy Inspector General of Police, Thiruchirapalli Range, Trichy.
2. The Superintendent of Police, Ariyalur District, Ariyalur.
3. The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.
(Crime No.70 of 2018)
...Respondents
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to change the investigation in Crime No.70 of 2018 pending on the file of the third respondent police to any other competent police officer in Ariyalur District or to CBCID and to file a charge sheet u/s 173
(2) of Cr.P.C before the jurisdictional Court. For Petitioner : Mr.K.Gandhi Kumar For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor
O R D E R
The prayer in the present petition is to direct the 1st respondent herein to transfer the investigation in Crime No.70 of 2018 pending on the file of the 3rd respondent police to any other competent police officer in Ariyalur District or to CBCID and to file a charge sheet u/s 173(2) of Cr.P.C before the jurisdictional Court.
2. The learned counsel for the petitioner submitted that though the FIR was registered on 19.05.2018, there is no https://hcservices.ecourts.gov.in/hcservices/
effective progress in the investigation. As pointed by the learned counsel for the petitioner, the investigation has been pending for the past more than 11⁄2 years and there is no justification on the part of the respondent to have kept the investigation pending for such a long time.
3. Though the petitioner has sought for transfer of the investigation, in my view, if the 3rd respondent is directed to complete the investigation within a stipulated time and such an investigation be monitored by a superior officer, the ends of justice could be secured.
4. In the light of the above observations, there shall be a direction to the 3rd 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 2nd respondent herein/Superintendent of Police on a day to day basis.
5. Accordingly, the Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar hvk To
1. The Deputy Inspector General of Police, Thiruchirapalli Range, Trichy.
2. The Superintendent of Police, Ariyalur District, Ariyalur.
3. The Inspector of Police, Irumbulikurichi Police Station, Ariyalur District.
4. The Public Prosecutor, High Court of Madras.
+1cc to Mr.K.Gandhi Kumar, Advocate SR.97306 Crl.O.P.No.31267 of 2019 VSNII(CO) CB(31/12/2019) https://hcservices.ecourts.gov.in/hcservices/