Madras High CourtCRL OP(MD)/6608/2015disposed of

Karthigai Selvan v. The Superintendent Of Police

2015-06-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.6608 of 2015 Karthigai Selvan ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Surveyor Colony, Madurai-625 007.

2. The Inspector of Police, Villur Police Station, Villur, Madurai District.

3. The Superintendent of Police(CBCID), CBCID Superintendent Office, B.B.Kulam, Madurai.

4. The Inspector of Police, Special Investigation Wing, CBCID, No.13 A, Kanaga Apartments, Lady Dock College Road, Chinna Chokkigulam, Madurai.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to direct the first respondent to issue a direction to withdraw the case in Crime No.4 of 2014 on the file of the second respondent police and entrust the same to the file of the fourth respondent police for fair and free investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the stipulated time.

For Petitioner : Mr.T.Vadivelan For Respondents : Mrs.S.Prabha Govt. Advocate (Crl.side)

O R D E R

This Criminal Original Petition is filed to direct the first respondent to issue a direction to withdraw the case in Crime No.4 of 2014 on the file of the second respondent police and entrust the same to the file of the fourth respondent police for fair and free investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the stipulated time.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side).

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

3. The petitioner who is the defacto complainant in Cr.No.4 of 2014 seeks transfer of investigation on the ground that the then

Investigation Officer had acted hand in glove with the proposed accused Ganesan.

4. It appears that the then Investigation Officer against whom the proceedings have been initiated was transferred. Therefore, this Court directs the respondent No.2 to look into the case of the petitioner and find out, as to whether the case has been made out as against the proposed accused Ganesan or not. The respondent No.2 is also directed to file final report within a period of two months from the date of receipt of a copy of this order. The respondent No.1 is directed to monitor and supervise the investigation.

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

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Surveyor Colony, Madurai-625 007.

2. The Inspector of Police, Villur Police Station, Villur, Madurai District.

3. The Superintendent of Police(CBCID), CBCID Superintendent Office, B.B.Kulam, Madurai.

4. The Inspector of Police, Special Investigation Wing, CBCID, No.13 A, Kanaga Apartments, Lady Dock College Road, Chinna Chokkigulam, Madurai.

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

+1cc to Mr.T.Vadivelan, Advocate SR.No.27162 Crl.O.P.(MD)No.6608 of 2015 02.06.2015 ssl PA/09.06.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/