Madras High CourtCRL OP(MD)/8109/2014dismissed

Subbiah v. The Deputy Inspector General

2018-09-27Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).Nos.8109 & 8448 of 2014 & M.P(MD).Nos.1, 1 & Crl.M.P(MD)No.948 of of 2014 In Crl.O.P(MD).No.8109 of 2014 Subbiah ... Petitioner/Defacto Complainant Vs.

1.The State represented by The Deputy Inspector General of Police South Zone 2.The Superintendent of Police Virudhunagar, Virudhunagar District 3.The Inspector of Police District Crime Branch Virudhunagar District

...Respondents/Respondents

In Crl.O.P(MD).No.8448 of 2014 M.Sadhasivam ....Petitioner Vs.

1.The Inspector of Police District Crime Branch Virudhungar 2.R.Subbaiah

...Respondents

PRAYER in Crl.O.P(MD).No.8109 of 2014: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to withdraw and transfer the investigation in crime no.2 of 2014 from the file of the 3rd respondent to any other competent independent investigating agency and to file a final report with a stipulated time. PRAYER in Crl.O.P(MD).No.8448 of 2014: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to quash the FIR registered a case in Crime No.02 of 2014 dated 08.02.2014 on the file of the first respondent.

In Crl.O.P(MD).No.8109 of 2014 For Petitioner : Mr.V.Sasikumar For Respondents : Mr.V.Neelakandan Additional Public Prosecutor In Crl.O.P(MD).No.8448 of 2014 For Petitioner :Mr.L.Shaji Chellan for Mr.K.K.Kannan For R1 :Mr.V.Neelakandan Additional Public Prosecutor For R2 :Mr.V.Sasikumar COMMON ORDER The petition in Crl.O.P(MD).8109 of 2014 has been filed to direct the 2nd respondent to withdraw and transfer the investigation in crime no.2 of 2014 from the file of the 3rd respondent to any other competent independent investigating agency and to file a final report with a stipulated time.

2.The petition in Crl.O.P(MD).No.8448 of 2014 has been filed to to quash the FIR registered a case in Crime No.02 of 2014 dated 08.02.2014 on the file of the first respondent. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation is almost completed in Crime No.02 of 2014. Therefore, in this stage the first information report cannot be quashed on its threshold. Hence, the Crl.O.P(MD).No.8109 of 2014 is liable to be dismissed. However, considering the year of the F.I.R, the Inspector of Police, District Crime Branch, Virudhunagar District is directed to complete the investigation and file the final report within a period of three months from the date of receipt of a copy of this order. 4.In view of the order passed in Crl.O.P(MD).No.

8448 of 2014, there is no further order necessary in Crl.O.P(MD).No.8109 of 2014. Accordingly, these criminal original petitions are dismissed. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.

2.The Superintendent of Police Virudhunagar, Virudhunagar District 3.The Inspector of Police District Crime Branch Virudhunagar District 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Crl.O.P.(MD).Nos.8109 & 8448 of 2014 & M.P(MD).Nos.1, 1 & Crl.M.P(MD)No. 948 of of 2014 27.09.2018 MSA ES/SKN/RSK/SAR 3/15.11.2018/3P/5C