Madras High CourtCRL OP/33673/2019disposed of

V.Manivannan v. State Rep By,

2020-10-12Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2020

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P No.33673 of 2019 V. Manivannan ... Petitioner Vs.

Inspector of Police, H-1, Otteri Police Station, Kancheepuram District.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime No.402 of 2018 from the file of the respondent Inspector of Police, H-1, Otteri Police Station, Kancheepuram District, to any other police Station for proper investigation.

For Petitioner : Mr.L.Prabahar For Respondent: Mr.S.Karthikeyan Additional Public Prosecutor - - - - -

O R D E R

The present Criminal Original Petition has been filed seeking a relief to transfer the investigation in Crime No.402 of 2018 pending on the file of the respondent Police to any other police Station for proper investigation.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. Today when the matter is came up for hearing, the learned counsel appearing for the petitioner would submit that though this petition is filed for the relief of transferring the investigation from the file of the respondent police, it would suffice to direct the Deputy Superintendent of Police, Vandalur, for monitoring the investigation in the petition mentioned Crime Number i.e. 402 of 2018. Further, he would pray to fix a time limit for filing a final report. https://hcservices.ecourts.gov.in/hcservices/ Page numbers

4. Now, on considering the said submission with the relevant records, it is true that the petition mentioned F.I.R. has been registered in the year of 2018 for the offences punishable under Sections 279 and 304 (A) of I.P.C. Subsequent to that, investigation has not been completed till date and due to which, final report has also not been filed. Now, on going through the details of the status report filed by the respondent, it appears that the respondent police has made so many efforts to find out a correct person, who committed the petition mentioned offences. According to him, as per the investigation conducted by the respondent police, the bus bearing Registration No.TN01 N 0533 stated by the petitioner has not been involved in the alleged occurrence. Therefore, in the said circumstances, obviously for completing the investigation, much time is necessary and therefore, reason for the delay submitted by the learned Additional Public Prosecutor is accepted.

5. Accordingly, considering the facts and circumstances of the case, it would be appropriate to direct the Deputy Superintendent of Police, Vandalur, to monitor the investigation. Further, it is ordered to file a final report within a period of three months from the date of receipt of a copy of this order after completing the investigation. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar asi To 1.The Deputy Superintendent of Police, Vandalur.

2.The Inspector of Police, H-1, Otteri Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P No.33673 of 2019 LN(CO) CB(06/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers