The Asst. Commissioner v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P(MD)No.12161 of 2014 The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Koodal Alagar Perumal Temple, Madurai.

Represented through S.Selvakumari.

...Petitioner

.vs.

1. The Commissioner of Police, Madurai City.

2. The special Sub-Inspector of Police, Central Crime Branch, Madurai City (In Crime No.48 of 2014) ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying this Court for a direction to the first respondent to withdraw the investigation of the case in Crimew No.48 of 2014 on the file of the second respondent and entrust the same with any other superior officer for proper investigation in accordance with law and further to direct the first respondent to monitor and supervise the investigation and to file a final report within the time stipulated by this Court.

For Petitioner : M/s.N.Ananthapadmanabhan For Respondents : Mr.P.Kannithevan Govt.Advocate(Crl.side)

ORDER

Heard the learned counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents and perused the records.

2.The Petitioner has come forward with this Petition for a direction to the first respondent to withdraw the investigation of the case in Crimew No.48 of 2014 on the file of the second respondent and entrust the same with any other superior officer for proper investigation in accordance with law and further to direct the first respondent to monitor and supervise the investigation and to file a final report within the time stipulated by this Court stating that the Petitioner herein is the Assistant commissioner in HR & CE Department and he has given a https://hcservices.ecourts.gov.in/hcservices/

complaint against one S.Arumugam, who was working as Watchman in Arulmighu Koodal Alagar Perumal Temple, Madurai, for misappropriation of the amount. But the second respondent has not shown any interest for further investigation.

3.The learned Government Advocate(Crl.Side) would submit that already investigation has been monitored by the Assistant Commissioner of Police for Land Grabbing . Further the Investigating Officer has also been changed and only the Inspector of Police, Central Crime Branch has investigated the matter. Hence he prayed for dismissal of the Petition. 4.In view of the submission of the learned Government Advocate (Crl.side) that investigation has been presently done by the Inspector of Police, Central Crime Branch, which was also monitored by the Assistant Commissioner of Police, I do not find any merit in this application. However, a direction is given to the Investigating Officer to complete the investigation as expeditiously as possible and file a final report within a period of four months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Madurai City.

2. The special Sub-Inspector of Police, Central Crime Branch, Madurai City 3.The Assistant Commissioner Of Police, Land Grabbing Special Cell, Madurai City, Madurai. 4.The Inspector of Police, Central Crime Branch, Madurai City, Madurai.

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

CRL.O.P(MD)No.12161 of 2014 04.08.2015 vsn NS/19.08.2015 : 2p/6c https://hcservices.ecourts.gov.in/hcservices/