Madras High CourtCRL OP(MD)/6166/2019disposed of

Mr. R. Elavarasan v. The Principal Secretary To

2019-04-27Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.6166 of 2019 and Crl.M.P.(MD)No.4002 of 2019 R.Elavarasan : Petitioner /Vs./ 1.The Principal Secretary, Department of Home Affairs, State of Tamil Nadu, Fort St. George, Chennai-9.

2.The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

3.The Superintendent of Police, O/o, The Superintendent of Police, Dindigul District.

4.The Superintendent of Police (South Zone), O/o. The Superintendent of Police (South Zone), CBCID, Madurai.

5.The Inspector of Police, Palani Town Police Station, Dindigul District, (Crime No.439 of 2018) : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the third respondent to withdraw the case in Crime No.439 of 2018 dated 05.07.2018 registered under Section 307 IPC on the file of the fifth respondent and entrust the same to the fourth respondent for an investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to transfer investigation of the case in Crime No.439 of 2018 dated 05.07.2018 and to file a final report.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. The learned counsel for the petitioner submitted that the petitioner's wife has attempted to murder him. Hence, the present case came to be registered on 05.07.2018. Earlier the petitioner has moved this Court in Crl.O.P.(MD)No.17547 of 2018 for expediting the investigation and to lay the final report that came to be ordered. Since then there is no progress in the investigation. Hence, the petitioner seeks transfer of investigation.

4. The learned Additional Public Prosecutor submitted that the investigating Agency is waiting to obtain chemical report to lay the final report.

5. The said statement of the learned Additional Public Prosecutor is recorded.

6. This Court does not find immediate need to transfer the investigation and now directs the Investigating Agency to lay the final report within a period of four weeks from the date of receipt of a copy of this order.

7. With this direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ta To 1.The Principal Secretary to Govt. Of Tamil Nadu, Department of Home Affairs, Fort St. George, Chennai-9.

2.The Director General of Police, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

3.The Superintendent of Police, O/o, The Superintendent of Police, Dindigul District.

4.The Superintendent of Police (South Zone), O/o. The Superintendent of Police (South Zone), CBCID, Madurai.

5.The Inspector of Police, Palani Town Police Station, Dindigul District, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No. 63837 Crl.O.P.[MD]No.6166 of 2019 27.04.2019 NS(CO) TR (27.05.2019) 3P 8C