Madras High CourtCRL OP(MD)/1659/2022disposed of

Ayyappan v. The Superintendent Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1659 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1659 of 2022 Ayyapan ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari Kanyakumari District.

2.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

3.The Inspector of Police, Suseendaram Police Station, Suseendaram, Kanyakumari District.

(Crime No.513 of 2021) ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to transfer the investigation of the case in Crime No.513 of 2021 dated 28.11.2021 from the file of the 3rd respondent to any other investigating agency under the supervision of the 1st respondent.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

The petitioner is the defacto complainant. He seeks transfer of investigation.

2.The petitioner alleges that even though the CCTV footage was made available, the third respondent is indifferent. The FIR was registered on 28.11.2021. Taking note of the apprehensions expressed by the petitioner, the third respondent is directed to file the final report on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. The second respondent shall monitor the investigation and vet the final report before it is filed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1659 of 2022 3.The criminal original petition is disposed of on these terms. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Kanyakumari Kanyakumari District.

2.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

3.The Inspector of Police, Suseendaram Police Station, Suseendaram, Kanyakumari District.

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

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-3617[F] dated 02/02/2022 ) Crl.O.P(MD)No.1659 of 2022 01.02.2022 SAR(CO) GC(17.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2