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Madras High CourtCRL OP(MD)/13558/2017disposed of

P.Ragavanantham v. The Superintendent Of Police

2018-07-03Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.OP.(MD) No.13558 of 2017 P.Ragavanantham ... Petitioner Vs.

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

2. The Inspector of Police, Melur Police Station, Melu, Madurai District.

3. The Sub Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

(Cr.No.377/2016)

4. The Deputy Superintendent of Police, CBCID, Madurai Unit, Madurai.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the case in Cr.No.377 of 2016 from the respondents 2 & 3 to the 4th respondent for taking action and file a final report or any other investigation agency. For Petitioner : Mr.N.Madhava Govindan For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor *****

ORDER

Alleging inaction on the part of the respondents 2 & 3, pertaining to the case in Crime No.377 of 2016, the petitioner is before this Court, seeking transfer of investigation to the fourth respondent.

2. Heard Mr.N.Madhava Govindan, learned Counsel appearing for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor, who takes notice for the respondents.

3. When the matter came up for admission, this Court, after hearing the learned Counsel on either side, has directed the learned Additional Public Prosecutor to file a status report.

4. Pursuant thereto, the learned Additional Public Prosecutor has filed the status report of the second respondent, stating that based on the complaint preferred by the petitioner, the Superintendent of Police, Madurai, has ordered re-investigation and also transferred the proceedings, by order dated 12.06.2017, in C.No.596/C/SB-MD/2017. Thereafter, the petitioner, his mother, the second accused and other interested witnesses were summoned, enquired and 161(3) statements were also recorded. Charges were altered and alteration report was also submitted.

5. The learned Additional Public Prosecutor would further submit that the Superintendent of Police, Madurai District, has sent a memo in number GCR.12/MLR/2017, regarding guidelines and steps that are to be taken on the purview to expedite and complete the investigation pertaining to Crime No.377 of 2016.

6. The learned Additional Public Prosecutor would also submit that the Special Officer has enquired Mithra Hospital, Madurai, regarding the surgery underwent by the accused. The authorities are awaiting the chemical analysis report from the Forensic Science Department. He would further submit that the investigation is going on in the right track and therefore, prays for three months time to complete the investigation and for filing final report, for which, the learned Counsel appearing for the petitioner has no serious objections.

7. In view of the above submission made by the learned Additional Public Prosecutor as well as the learned Counsel appearing for the petitioner, this Criminal Original Petition is disposed of, with a direction to the second and third respondents to complete the investigation within a period of three months from the date of receipt of a copy of this order.

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

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

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

3. The Sub Inspector of Police, Keelavalavu Police Station, Keelavalavu, Madurai District.

4. The Deputy Superintendent of Police, CBCID, Madurai Unit, Madurai.

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

GK TE/RP/SAR-3 : 16/07/2018 : 3P/6C CRL.OP.(MD) No.13558 of 2017 03.07.2018