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Madras High CourtCRL OP(MD)/2996/2021disposed of

Sikkandhar Badhusha v. The Superintendent Of Police

2021-02-25Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2996 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2996 of 2021 Sikkandhar Badusha

...Petitioner

/Vs./ 1.The Superintendant of Police, Dindigul District.

2.The Inspector of Police, Palani Town Police Station, Dindigul District.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to appoint a competent person other than the second respondent to investigate the case in Crime No.1397 of 2020 and further direct the first respondent to monitor the investigation. For Petitioner : Mr.D.Venkatesh For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This petition is filed seeking for a direction to the first respondent to appoint some competent person other than the second respondent to investigate the case in Crime No.1397 of 2020 and further direct the first respondent to monitor the investigation. 2.The main grievance of the petitioner is that the second respondent has not done the investigation in Crime No.1397 of 2020 properly and in fact, the case in Crime No.1397 of 2020 is pending on his file, without any progress.

3.The learned counsel for the petitioner contended that though the petitioner sought for larger relief of transferring the investigation, it would be sufficient, if the investigation in Crime No.1397 of 2020 is monitored by the concerned Deputy Superintendant of Police.

4.The learned Government Advocate, on instructions, would contend that though the second respondent examined 18 witnesses, sofar no one has been arrested and that the second respondent wants to verify the CCTV footage in the said locality installed in the place of occurrence.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2996 of 2021 5.Accepting the submissions made by the learned counsel for the petitioner, the Deputy Superintendant of Police, Pazhani, is directed to monitor the investigation of the second respondent in Crime No.1397 of 2020 and also the second respondent is directed to expedite the investigation in Crime No.1397 of 2020 and file a final report/referred charge sheet, as the case may be, within a period of three months from the date of receipt of a copy of this order / uploading of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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 Superintendant of Police, Dindigul District.

2.The Deputy Superintendant of Police, Pazhani.

3.The Inspector of Police, Palani Town Police Station, Dindigul District.

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

+1 CC to Mr.D.VENKATESH, Advocate ( SR-7780[F] dated 01/03/2021 ) Crl.O.P.(MD)No.2996 of 2021 25.02.2021 VB (15.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2