P.Narayanasami v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.29426 of 2018 P.Narayanasami ... Petitioner Vs.

1. State, Represented by, The Inspector of Police, S-10 Pallikaranai Police Station, Pallikaranai, Chennai.

2. The Deputy Superintendent of Police, CBCID of Police, Kancheepuram District, Kancheepuram.

3. V.R.Suresh ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to withdraw the FIR No.1240 of 2018 on the file of the first respondent and to transfer the same for further process of investigation to the second respondent.

For Petitioner : Mr.G.Krishnamurthy For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor - For R1&R2

O R D E R

This petition has been filed to withdraw the FIR No.1240 of 2018 on the file of the first respondent and to transfer the same for further process of investigation to the second respondent.

2. It is seen that the crime was initially registered against the 3rd respondent for the offences under Section 174 of Cr.P.C and subsequently altered to Section 306 of IPC as against the 3rd respondent.

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3. The learned Additional Public Prosecutor submitted that the petitioner was arrested and released on bail. Now, they are awaiting report from the RDO. He has further submitted that they have completed the investigation, hence the investigation cannot be transferred to another agency at this stage, which may spoil the entire case.

4. Considering the facts and circumstances of the case and also submission made by the learned Additional Public Prosecutor, the 1st respondent/Inspector of Police, S.10 Pallikaranai Police Station is directed to consider the request made by the petitioner and complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order. The Assistant Commissioner of Police, Madipakkam is directed to monitor the said investigation and shall ensure that the 1st respondent to complete the investigation within a period as stipulated by this Court.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CCC) //True Copy// dh Sub Assistant Registrar To

1. The Inspector of Police, S-10 Pallikaranai Police Station, Pallikaranai, Chennai.

2. The Deputy Superintendent of Police, CBCID of Police, Kancheepuram District, Kancheepuram.

3. The Public Prosecutor, High Court, Madras.

4. The Assistant Commissioner of Police, Madipakkam, Chennai.

+1 cc to Dr.G.Krishnamurthy, Advocate, S.R.No.22712 Crl.O.P.No.29426 of 2018 PA(CO) SSM(30/04/2019).

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