T.Gunasekaran v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.12.2024 CORAM :

THE HON'BLE MR. JUSTICE SUNDER MOHAN T.Gunasekaran

...Petitioner

Vs.

1.The Superintendent of Police, Dharmapuri District, 2.The Inspector of Police, C.B.C.I.D.,

3. The Inspector of Police, Harur Police Station, Dharmapuri District.

Cr.No.481 of 2024

...Respondents

Prayer : Criminal Original Petition filed under Section 582 of B.N.S.S. Act, 2023, to pass an order of direction, directing the first respondent to transfer the investigation concerned in Crime No.481 of 2024 on the file of the third respondent to the file of the second respondent to conduct a free and fair

investigation and to file a final report with a stipulated time. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the first respondent/Superintendent of Police, Dharmapuri District, to transfer the investigation in Crime No.481 of 2024, on the file of the third respondent/Inspector of Police, Harur Police Station, Dharmapuri District, to the file of the second respondent/Inspector of Police, C.B.C.I.D.,

2. The allegation against the third respondent is that though the complaint was filed on 06.10.2024, the third respondent has not made progress in the investigation and therefore, considering the nature of the allegations, the case may be transferred to the second respondent herein.

3. Mr.S.Sugendran, the learned Additional Public Prosecutor,

appearing for the respondents, submitted that the complaint of the petitioner discloses the offences under Sections 281 and 106(1) of the B.N.S. Act r/w Section 3 r/w 181 and 134(b) of the Motor Vehicles Act, pursuant to the investigation conducted by the third respondent. (b) The learned Additional Public Prosecutor further submitted that the investigation is also complete and the third respondent would file a final report within a period of three (3) months.

4. Since the only grievance of the petitioner is that the investigation is delayed and the learned Additional Public Prosecutor for the respondents, on instructions would submit that the final report would be filed within three months, this Court is of the view there is no necessity to transfer the investigation to the second respondent. However, the first respondent shall expedite the investigation and file the final report within three months.

5. Accordingly the Criminal Original Petition stands dismissed. 05.12.2024.

Index : yes/no dk Copy to:- 1.The Superintendent of Police, Dharmapuri District, 2.The Inspector of Police, C.B.C.I.D.,

3. The Inspector of Police, Harur Police Station, Dharmapuri District.

4. The Public Prosecutor High Court of Madras, Chennai - 600 104.

SUNDER MOHAN,J.

dk 05.12.2024