Murugan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28660 of 2018 Murugan : Petitioner Vs.

1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

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

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to transfer the investigation in Crime No.403 of 2017 on the file of the Inspector of Police, Harur Police Station, Dharmapuri District to any other competent authority to conduct a free and fair investigation and to file a final report within a stipulated time.

For Petitioner : Mr.C.Prabakaran For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to transfer the investigation in Crime No.403 of 2017, pending on the file of the third respondent.

2.The learned counsel for the petitioner would submit that the petitioner was dashed by a car while walking along side the road and he sustained grievous injuries. Based on the complaint given by the petitioner, the third respondent police have registered an FIR in Crime No.403 of 2017 for an offence under Sections 297 and 337 of I.P.C.

3.The learned counsel for the petitioner would submit that at the time of giving complaint, the petitioner had given a particular vehicle number to the third respondent. After some https://hcservices.ecourts.gov.in/hcservices/

time, the petitioner came to realise that the vehicle number given to the third respondent was not correct and the petitioner thereafter furnished the correct number to the third respondent. The third respondent inspite of receiving the correct vehicle number, has not proceeded further to investigate the case. Therefore, this petition has been filed.

4.The learned Additional Public Prosecutor on instructions would submit that the third respondent police will conduct the investigation based on the new vehicle number that has been furnished by the petitioner.

The learned Additional Public Prosecutor would submit that the investigation will be completed and final report will be filed within a period of two months. 5.In the result, this Criminal Original Petition is disposed with a direction to the third respondent police to effectively continue with the investigation and file a final report within a period of two months from the date of receipt of a copy of this order.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ia/vsg1 To:

1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Deputy Superintendent of Police, Harur, Dharmapuri District.

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

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Prabakaran, Advocate sr 85582.

Crl.O.P.No.28660 of 2018 NM(CO) SP(02/01/2019) https://hcservices.ecourts.gov.in/hcservices/