Thangavel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.11842 of 2015 Thangavel ... Petitioner Vs.

1. The Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

2. The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the first respondent to transfer the investigation in Crime No.224 of 2015 from the file of second respondent police to any other effective investigation agency for free and fair investigation and pass any other appropriate orders which may be deem fit and proper in the nature and circumstances of the case. For Petitioner : Mr.R.Sundar For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed for a direction to the first respondent to transfer the investigation in Crime No.224 of 2015 from the file of second respondent police to any other effective investigating agency for free and fair investigation.

2. The petitioner is the tenant of the accused person. The learned counsel for the petitioner submitted that despite obtained an order from the Civil Court, the petitioner was forcibly evicted by the accused persons. Though the complaint has been given, it was registered only one month thereafter. Even after the dismissal of the anticipatory bail petition, no steps have been taken to arrest the accused. The accused person still harassed the petitioner and the second respondent has not taken any action.

3. Heard the learned Government Advocate (Crl.side).

4. Considering the nature of allegation and without going into the merits of the case, this Court is inclined to transfer the investigation from the second respondent to any other investigating agency. Accordingly, the first respondent is directed to transfer the https://hcservices.ecourts.gov.in/hcservices/

investigation from the second respondent to any other investigating agency under his control within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, District Police Office, TVS Tollgate, Trichy-20, Trichy District.

2. The Inspector of Police, Samayapuram Police Station, Samayapuram, Trichy District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Sundar,Advocate SR.No.34420 Crl.O.P.(MD)No.11842 of 2015 29.06.2015 akv PA/13.07.2015/2P/5C https://hcservices.ecourts.gov.in/hcservices/