Seenivasan v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.10.2020 Coram THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.33448 of 2019 Seenivasan

...Petitioner

-vs

1. State by The Superintendent of Police, CBCID, Salem, Salem District.

2. The Inspector of Police, Mecheri Police Station, Dharmapuri District.

(Crime No.100 of 2019)

...Respondents

Prayer:

Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to transfer the investigation of the above said case in Crime No.100 of 2019 on the file of the 2nd respondent herein viz., The Inspector of Police, Mecheri Police Station, Salem District to the file of the Superintendent of Police, CBCID, Salem, Salem District or to any other competent investigating agency for proper investigation.

For Petitioner : Mr.K.Balu For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for R1 & R2

ORDER

(This case has been heard through video conference) This criminal original petition has been filed seeking direction to the first respondent to withdraw the investigation in Crime No.100 of 2019 on the file of the second respondent and to entrust the same to any other Inspector, who is having competency for completing the investigation.

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

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3. Today, when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions submitted that in respect of petition mentioned Crime number, the second respondent police has completed the investigation, in which, one Ramesh Kumar is arrayed as an accused for the offence punishable under sections 279, 304 of IPC. He would further submit that though the final report has been prepared, the same has not been presented before the Jurisdictional Magistrate.

4. In view of the submissions made by the learned Additional Public Prosecutor appearing for the respondents, at this stage this Court feels it appropriate to direct the second respondent to file a final report, within a time frame.

5. Accordingly, the second respondent is directed to file a final report, within a period of one month from the date of receipt of a copy of this order.

6. With the above directions, this Criminal Original Petition stands disposed of.

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

1. The Superintendent of Police, CBCID, Salem, Salem District.

2. The Inspector of Police, Mecheri Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.K.Balu, Advocate in SR.33566 Crl.O.P.No.33448 of 2019 GP(CO) RV(09/11/2020) https://hcservices.ecourts.gov.in/hcservices/