Madras High CourtCRL OP(MD)/24496/2015disposed of

N.Shanmuganathan v. The Superintendent Of Police

2015-12-19Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN CRL.OP.(MD)No.24496 of 2015 N.Shamuganathan : Petitioner Vs.

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

2.The State rep., by The Inspector of Police, Srivaikuntam Police Station, Thoothukudi District.

: Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to transfer for investigation the petitioner complaint in Current Paper No.92/P/Camp/SDO/Srivaikuntam/15, dated 19.09.2015, on the file of the 2nd respondent police to any other competent office not below the rank of DSP and register the case. For Petitioner : Mr.M.P.Senthil For Respondents : Mr.A.P.Balasubramani Government Advocate(Crl. Side)

O R D E R

The petitioner has come forward with this petition praying to direct the 1st respondent to transfer for investigation on the petitioner's complaint in Current Paper No.92/P/Camp/SDO/Srivaikuntam/15, dated 19.09.2015, on the file of the 2nd respondent police to any other competent officer not below the rank of DSP and register the case.

2. The counsel appearing for the petitioner would submit that since the 2nd respondent has not shown any interest to investigate the complaint in Current Paper No.92/P/Camp/SDO/Srivaikuntam/15, dated 19.09.2015, the petitioner has come forward with this application for the relief as stated supra.

3. Resisting the same, the Government Advocate (crl.side) would submit that the Deputy Superintendent of Police, Srivaikuntam Sub Division, Thoothukudi District, is conducting the enquiry in an effective manner and the final report would be filed within a period of six months. 4.Considering the facts and circumstances of the case, the Deputy Superintendent of Police, Srivaikuntam Sub Division, Thoothukudi District, is directed to investigate the matter and register the case and https://hcservices.ecourts.gov.in/hcservices/

file the final report as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikuntam Sub Division, Thoothukudi District 3.The State rep., by The Inspector of Police, Srivaikuntam Police Station, Thoothukudi District.

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

+1 CC to Mr.M.P.SENTHIL, Advocate, SR No.75567 Order made in CRL.OP.(MD)No.24496 of 2015 Dated:19.12.2015 MPK SH/JGB-DP:05.01.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/