Madras High CourtCRL OP/30251/2024disposed of

P.Raja v. The Superintendent Of Police

2024-12-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN P.Raja ... Petitioner Vs.

1.The Superintendent of Police, Ariyalur District, Ariyalur 621 704.

2.The Inspector of Police, Keelapalur Police Station, Ariyalur 621 707.

3.The Sub-Inspector of Police, Keelapalur Police Station, Ariyalur 621 707.

(Crime No.159 of 2022) ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS Act, to transfer the investigation in Crime No.159 of 2022 pending on the file of the 3rd respondent police to CB-CID or any other competent agency for completing investigation and file charge sheet within a stipulated time.

For Petitioner : Mr.Karthikeyan Anbazhagan For Respondents : Mr.S.Sugendran, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.159 of 2022 pending on the file of the third respondent police to CB-CID or any other competent agency for completing investigation and file charge sheet within the stipulated time.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.

3. It is stated by the learned counsel for the petitioner that the petitioner's father who is aged about 75 years is missing since 04.06.2022. Hence, the petitioner lodged the complaint before the third respondent police on 21.06.2022. Thereafter, the petitioner filed H.C.P.No.1089 of 2023 on the file of this Court. Based on the submission

of the third respondent police that they will locate the absentee within four weeks, this Court had also disposed of the petition on 26.06.2023. Even after 1 1/2 years, after the disposal of the Habeas Corpus Petition also, the respondents have not produced the "missing man". Even now, the respondents are not in a position to trace out the absentee. Hence, the petitioner has filed the present petition seeking transfer of investigation in Crime No.159 of 2022 pending on the file of the third respondent police to CB-CID

4. Admittedly, the complaint is lodged on 21.06.2022 in Crime No.159 of 2022 on the file of the third respondent police. Till today, the third respondent is unable to show any progress in tracing out the missing person. Therefore, being satisfied with the reasons stated in the petition, this Court ,directs the third respondent to hand over the CD file to the CBCID. The Superintendent of Police, CBCID, Ariyalur is directed to conduct investigation and file a report before the concerned jurisdictional magistrate within a period of one month.

5. With the abovesaid direction, the criminal original petition is

disposed of.

03.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1.The Superintendent of Police, Ariyalur District, Ariyalur 621 704.

2.The Inspector of Police, Keelapalur Police Station, Ariyalur 621 707.

3.The Sub-Inspector of Police, Keelapalur Police Station, Ariyalur 621 707.

4.The Public Prosecutor, High Court, Madras.

Copy to The Superintendent of Police, CBCID, Ariyalur

P.VELMURUGAN, J mfa 03.12.2024