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Madras High CourtCRL OP(MD)/564/2020closed

S.Nagaraj v. The Secretary, Department Of Home Affairs,

2020-02-24Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.564 of 2020 and Crl.M.P(MD) No.208 of 2020 S.Nagaraj

...Petitioner

Vs.

1. The Secretary Department of Home affairs State of Tamil Nadu Fort St.George Chennai

2. The Director General of Police No.1, Dr.Radhakrishnan Salai Mylapore, Chennai

3. The Superintendent of Police O/o. The Superintendent of Police Dindigul District

4. The Superintendent of Police(South Zone) O/o. The Superintendent of Police(South Zone) CBCID, Madurai

5. The Inspector of Police CBCID No.62, Krishna Rao Street Pandian Nagar, Dindigul District

6. The Inspector of Police Town West Police Station Dindigul

7. Mr. Alaguraja Sub Inspector of Police Town West Police Station Dindigul

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the third respondent to withdraw the case in crime No.276/2019 dated 14.09.2019 registered U/s. 294(b) and 324 of IPC on the file of the Respondent No.6 and entrust the same to respondent No.4 for an investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Honourable Court.

For Petitioner : Mr.A.Kalidass for Mr.J.Pandidorai For Respondents : Mr.S.Bharathi No.1 to 6 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the third respondent to withdraw the case in crime No.276/2019 dated 14.09.2019 registered U/s. 294(b) and 324 of IPC on the file of the Respondent No.6 and entrust the same to respondent No.4 for an investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Honourable Court.

2. It is the case of the petitioner that investigation in Crime No.276 of 2019 was not done in a proper manner. Though the petitioner was assaulted and attempt was made on the life of the petitioner and a sum of Rs. 18000/- and a cell phone was stolen the respondent did not conduct investigation in a proper manner.

3. The learned Government Advocate(Crl.Side) would submit that at the time of giving complaint the petitioner did not give the name of the accused and the occurrence had taken place during night hours. Thereafter the respondent police conducted investigation and found Veerapandi, Sankarapandi, Thivakar and Dass are the persons involved in the offence. Thereafter the case has been altered to Sections 294(b), 394 and 307 of IPC on 31.01.2020 and investigation is done in a proper manner.

4. At this juncture the learned counsel for the petitioner would submit that it would be suffice if a direction is issued to the Deputy Superintendent of Police, Dindigul Town to monitor the investigation done by the sixth respondent.

5. In view of the same, direction is issued to the Deputy Superintendent of Police, Dindigul Townto monitor the investigation done by the sixth respondent in Crime No.276 of 2019 and the 6th respondent shall file a final report as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order.

6.

with the above direction, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS)

Aav To

1. The Secretary Department of Home affairs State of Tamil Nadu Fort St.George Chennai

2. The Director General of Police No.1, Dr.Radhakrishnan Salai Mylapore, Chennai

3. The Superintendent of Police O/o. The Superintendent of Police Dindigul District

4. The Superintendent of Police(South Zone) O/o. The Superintendent of Police(South Zone) CBCID, Madurai

5. The Inspector of Police CBCID No.62, Krishna Rao Street Pandian Nagsr, Dindigul District

6. The Inspector of Police Town West Police Station, Dindigul 7.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.J.PANDI DORAI, Advocate ( SR-8025[F] dated 25/02/2020 ) Crl.O.P.(MD) No.564 of 2020 and Crl.M.P(MD) No.208 of 2020 24.02.2020 VB(09.03.2020) 3P 9C