Madras High CourtCRL OP(MD)/6496/2019dismissed

Vanitha v. The Superintendent Of Police

2019-06-04Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.6496 of 2019 Vanitha : Petitioner

Versus

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

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District.

: Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the first and second respondents to monitor or supervise the investigation being conducted by the third respondent with regard to the case in Crime No.12 of 2019 U/s.147, 341, 294(b), 323, 307 and 506(ii) IPC on the file of the third respondent by considering the petitioner's representation dated 30.01.2019.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor *****

O R D E R

This petition has been filed seeking a direction to the first and second respondents to monitor the investigation being conducted by the third respondent with regard to the case registered in Crime No.12 of 2019.

2. Heard both sides.

3. The grievance of the petitioner is that the petitioner and her husband, by name Sundararajan along with one Johnson and Rajanayagam were proceeding to Keerankulam. On the way, they were intercepted by one Jeyaraj and others and attacked by them with deadly weapons, for which, the said Rajanayagam lodged a complaint and based on his complaint, a crime has been registered in Crime No.12 of 2019 against five named accused for various offences. Now, the third respondent, who is the Investigating Officer, is not

conducting the investigation properly. Hence, the petitioner made a representation to the first respondent/Superintendent of Police, Tirunelveli District, to monitor the investigation being conducted by the third respondent. Since the petitioner's representation was not considered, the present petition has been filed.

4. Today, when the matter was taken up for hearing, Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that already, investigation in Crime No.12 of 2019 has been completed and the final report has also been filed against five accused for offences under Sections 147, 341, 294(b), 323, 307 and 506(2) of the Indian Penal Code before the learned Judicial Magistrate, Nanguneri, as early as on 26.02.2019. However, so far, final report is not taken cognizance of by the learned Magistrate.

5. Considering the fact that already investigation in Crime No.12 of 2019 has been completed and final report has been filed as early as on 26.02.2019, this Court is of the view that the prayer sought for by the petitioner in the present petition cannot be granted at this stage. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police, Moolakaraipatti Police Station, Tirunelveli District.

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

Copy to:

The Judicial Magistrate, Nanguneri +1cc to Mr.S.R.ANBARASU, Advocate, SR.No.67292 Crl.O.P.(MD) No.6496 of 2019 Dated: 04.06.2019 SML KK/SAR/17.06.2019/3P-7C