Madras High CourtCRL OP(MD)/3397/2019disposed of

Karunaneethi, v. The Superintendent Of Police,

2019-03-06Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3397 of 2019 and Crl.M.P.(MD)No.1927 of 2019 Karunaneethi : Petitioner Vs.

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

2.The Sub Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District, (Cr.No.533 of 2018) : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to withdraw the investigation of the case in Cr.No.533 of 2018 on the file of the second respondent and transfer the same to any other appropriate investigation officer or agency to conduct fair and free investigation and file a final report before the Jurisdictional Magistrate within the time frame as may be fixed by this Court. For Petitioner : Mr.T.Vadivelan For R-1 and R-2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition is filed to transfer the investigation in Cr.No.533 of 2018 on the file of the second respondent to any other appropriate investigation officer or agency to conduct fair and free investigation and file a final report before the Jurisdictional Magistrate.

2.Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3.The learned Counsel for the petitioner submitted that a case in Cr.No.533 of 2018 has been filed on the basis of complaint preferred by the petitioner for the offences punishable under Sections 147, 148, 294B and 324 of IPC is not being properly investigated and hence, he seeks tranfer of investigation from the https://hcservices.ecourts.gov.in/hcservices/

second respondent to any other investigation agency. 4.The learned Counsel for the petitioner further added that he had earlier preferred one criminal case in 2016 against the same accused, complaining of robbery, wherein, he lost some of his machineries. Even that case was not investigated properly, which has triggered the present case.

5.The learned Government Advocate submitted that the investigation is along proper course.

6.The Deputy Superintendent of Police, Dindigul, is now directed to moniter the entire investigation in Cr.No.533 of 2018 and the second respondent is directed to lay charge sheet within a period of two months from the date of receipt of a copy of this order.

7.Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Dindigul. 3.The Sub Inspector of Police, Sanarpatti Police Station, Sanarpatti, Dindigul District, 4.The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.VADIVELAN, Advocate ( SR-52368[F] dated 07/03/2019 ) CMR Crl.O.P.[MD]No.3397 of 2019 06.03.2019 KM/(08.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/