Madras High CourtCRL OP(MD)/2182/2021disposed of

Muthupandi v. The Superintendent Of Police

2021-03-17Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Muthupandi ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

Crime No.2078 of 2020 3.The Inspector of Police, District Crime Branch, Madurai, Madurai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.2078 of 2020 from the file of the second respondent to the third respondent.

For Petitioner : Mr.A.Thiruvadikumar For Respondents : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The present petition is filed by the petitioner, seeking for a direction to transfer the investigation in Crime No.2078 of 2020 of Melur Police Station, Melur, Madurai District, to the third respondent.

2.The main grievance of the petitioner is that though a complaint was lodged as early as on 03.01.2020, there is no progress in First Information Report in Crime No.2078 of 2020 of Melur Police Station, Melur, Madurai District and therefore, seeks for transfer of investigation from the file of the second respondent / Inspector 1/3

of Police, Melur Police Station, Melur to the third respondent / Inspector of Police, District Crime Branch, Madurai, 3.Mr.A.Robinson, learned Government Advocate (Criminal Side), who accepts notice on behalf of the respondents, on instructions, would contend that the investigation in Crime No.2078 of 2020, is on the right path and that there is no necessity to transfer the investigation.

4.The learned counsel for the petitioner would contend that though the petitioner has sought for larger relief of transfer of investigation in Crime No.2078 of 2020 from the file of the second respondent to the third respondent, it would be sufficient, if the investigation is being monitored by the Deputy Superintendant of Police, Melur.

5.Recording this submission, the investigation in Crime No.2078 of 2020 is directed to be monitored by the Deputy Superintendant of Police, Melur, Madurai District. Further, the second respondent is also directed to conclude the investigation and file a final report before the concerned Judicial Magistrate, within a period of six months from the date of receipt of a copy of this order / uploading of the order.

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

Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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, O/o.The Superintendent of Police, Madurai District, Madurai.

2/3

2.The Inspector of Police, Melur Police Station, Melur, Madurai District.

3.The Inspector of Police, District Crime Branch, Madurai, Madurai District.

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

Copy to The Deputy Superintendant of Police, Melur, Madurai District.

+1 CC to M/s.A.THIRUVADI KUMAR, Advocate ( SR-11972[F] dated 17/03/2021 ) 17.03.2021 NSM(CO) TR(31.03.2021) 3P 7C 3/3