Madras High CourtCRL OP(MD)/15432/2017disposed of

R.Rajeshwari, v. The Director General Of Police

2018-10-03Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.15432 of 2017 R.Rajeshwari

...Petitioner

Vs.

1. The Director General of Police Office of the Director General of Police Beach Road Chennai.

2. The Superintendent of Police Office of the Deputy Superintendent of Police Virudhunagar District 3.The Inspector of Police Rajapalayam North Police Station Virudhunagar District

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents 1 and 2 to appoint a competent police officer other than the third respondent to investigate the case in Crime No.428 of 2017 on the file of the third respondent within the time stipulated by this Hon'ble Court. For Petitioner: Mr.S.Malaikani For Respondent: Mrs.S.Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to transfer the investigation pending before the third respondent.

2. The learned counsel for the petitioner would submit that the accused persons who have stolen the gold chain from the petitioner are identified and the same has also been captured in the CCTV footage. Inspite of the same the respondent police did not investigate the case properly and the gold chain has not been recovered from the accused persons.

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

3. The learned Government Advocate(Crl.Side) would submit that the respondent police have investigated the case properly and they have also carefully examined the CCTV footage and also examined the witness and final report has been filed before the learned Judicial Magistrate Manapparai as "undetected".

4. As already held by this Court, this report cannot be termed as final report. It is a stage in the investigation. The respondent police is directed to continue with the investigation till final report is filed under section 173(2) Cr.P.C.

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

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Director General of Police Office of the Director General of Police Beach Road Chennai.

2. The Superintendent of Police Office of the Deputy Superintendent of Police Virudhunagar District 3.The Inspector of Police Rajapalayam North Police Station Virudhunagar District

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

+ 1 CC TO MR.S.MALAIKANI, ADVOCATE IN SR NO.88436 AAV BU/RSK/SAR-IV :29.10.2018 : 2P/6C Crl.O.P.(MD)No. 15432 of 2017 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/