Madras High CourtCRL OP(MD)/2178/2015disposed of

M.Sahayaseelan v. The Inspector Of Police

2015-06-04Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)NO.2178 of 2015 M.Sahayaseelan ..Petitioner Vs.

1.The Inspector General of Police, South Zone, Tirunelveli.

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

3.The Inspector of Police, CBCID, Tirunelveli District, Tirunelveli.

4.State rep. By The Inspector of Police, Panangudi Police Station, Tirunelveli District.

(in Crime No. 358 of 2014) ..Respondents PRAYER: Criminal Original Petition filed under section 482 of Criminal Procedure Code, praying to direct the respondents 1 & 2 to transfer the investigation in Crime No. 358 of 2014 on the file of the fourth respondent herein to the third respondent herein or any other independent agency and to investigate and file a final report within a stipulated time as fixed by this Court.

For Petitioner : Mr.S.Suresh Kumar For Respondents : Mr. K.Anbarasan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 & 2 to transfer the investigation in Crime No. 358 of 2014 on the file of the fourth respondent herein to the third respondent herein or any other independent agency and to investigate and file a final report as expeditiously as possible.

2. Heard the learned counsel appeared for the petitioner and the learned Government Advocate (Crl. Side) appeared for State.

3. Reading of the affidavit shows that counsel the petitioner is the father of the deceased. The case has been altered to 302 IPC . The learned Government Advocate (Crl. Side) on instructions from the police, submits that based on the extra judicial confession given some of the accused were arrested and one of the accused was absconding. It is also submitted that nine witnesses have been examined and steps are being taken to apprehend the absconding accused.

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4. The learned counsel for the petitioner submitted that though the case is of the year 2014, no substantial progress has been made. 5. Considering the facts and circumstances of the case, this court is inclined to direct the second respondent to supervise and monitor the investigation, including securing the absconding accused. The petitioner is also directed to co-operate with the investigation. The fourth respondent is directed to file a final report within a period of four months from the date of receipt of copy of this order.

6. The Criminal Original Petition is disposed of, with the above direction.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Police, South Zone, Tirunelveli.

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

3.The Inspector of Police, CBCID, Tirunelveli District, Tirunelveli.

4.The Inspector of Police, Panangudi Police Station, Tirunelveli District. 5.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Krishnamoorthy, Advocate in SR.No.27662 CRL.O.P(MD).2178 of 2015 04.06.2015 pjl PBK/PS 16/06/2015 ::2P-7C::

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