Madras High CourtCRL OP(MD)/18770/2015disposed of

V.Udhayakumar v. The Director

2016-06-06Honourable Dr. Justice P. Devadass3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS CRL.O.P(MD)No.18770 of 2015 V.Udhayakumar .. Petitioner Vs.

1.The Director, Vigilance and Anti-Corruption Department, Post Box No.487, NCB 21, P.S.Kumarasamy Raja Salai, Chennai - 600 028.

2.The Inspector of Police, Vigilance and Anti-Corruption Department, Ramanathapuram District, Ramanathapuram.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4.The Inspector of Police, District Crime Branch, Ramanathapuram District.

(Crime No.38 of 2015).

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Crime No.38 of 2015 from the file of the 3rd respondent to the file of the 1st and 2nd respondent for conducting proper investigation. For Petitioner :Mr.R.Anand For Respondents :Mr.P.Kandasamy Govt. Advocate (crl.side)

O R D E R

V.Udhayakumar, the petitioner has come forward with this petition under Section 482 Cr.P.C., to transfer the investigation

in Crime No.38/2015 from the file of the third respondent, namely, the Superintendent of Police, Ramanathapuram District, to the respondents 1 and 2, namely, State Vigilance and Anti Corruption Department.

2. The petitioner wished to expose some murky transaction relating to certain style of functioning of Motor Vehicle Inspector. He moved this Court for a direction under Section 482 Cr.P.C. Based on the direction of this Court, Crime No.38/2015 has been registered. He seems to have not satisfied with the investigation of the case by the fourth respondent, namely, the Inspector of Police, District Crime Branch, Ramanathapuram District.

3. The fourth respondent filed counter. It is stated therein that the petitioner is already involved in Crime No.12/12.

4. Investigation should be fair investigation. The result of investigation should inspire confidence in the mind of the complainant. Already petitioner being an accused in Crime No.12/12 is not a proper answer.

5. With regard to the present case in Crime No.38/2015, work is going on, but, still the work must go vigorously, fairly, truthfully. But, no strong and valid point has not been demonstrated for transfer of investigation.

6. In the circumstances, the third respondent, namely, the Superintendent of Police, Ramanathapuram District, Ramanathapuram will supervise the investigation in Crime No.38/2015 and he will direct the fourth respondent, the Inspector of Police, District Crime Branch, Ramanathapuram District, to complete the investigation within three months from the date of receipt of a copy of this order and file final report as per law before the competent Court.

7.Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

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

2.The Director, Vigilance and Anti-Corruption Department, Post Box No.487, NCB 21,P.S.Kumarasamy Raja Salai, Chennai - 600 028.

3.The Inspector of Police, Vigilance and Anti-Corruption Department, Ramanathapuram District, Ramanathapuram.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5.The Inspector of Police, District Crime Branch, Ramanathapuram District.

Skn CSL/DB/SAR-III/15.06.2016 : 3P/6C CRL.O.P(MD)No.18770 of 2015 06.06.2016