Madras High CourtCRL OP(MD)/939/2015disposed of

P.Ganesan v. The Superintendent Of Police

2015-04-15Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.939 of 2015 P.Ganesan ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

3.The Sub-Inspector of Police, Nilakottai Police Station, Dindigul District.

4.The Superintendent of Police, CBCID, Madurai.

5.The Deputy Superintendent of Police, CBCID, Madurai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to withdraw the investigation in Crime No.56 of 2014 on the file of the third respondent police and entrust the same to the fifth respondent for investigation or to the competent and independent Officer under the fourth respondent within a time frame as fixed by this Court.

For Petitioners : Mr.S.Sukumar For Respondents : Mrs.S.Prabha, Government Advocate(Crl. Side)

O R D E R

The petitioner has sought transfer of investigation in Crime No.56 of 2014 pending on the file of the third respondent to any other competent Officer.

2. The main ground on which the transfer is sought for by the petitioner is that the (*)second respondent is personally close to the accused person.

3. Though this Court is not willing to go into the said allegation, considering the fact that the allegation made the petitioner to lose faith in the investigation conducted by the (*)second respondent, without going into the merits, a direction is issued to the first respondent to transfer the investigation in Crime No.56 of 2014 pending on the file of the (*)second respondent to any other investigating agency/competent officer. The first respondent is further directed to monitor the investigation.

This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar-RTI (*)CORRECTED AS PER ORDER OF THIS COURT DATED 2/6/2015 IN CRL.OP(MD)NO.939 OF 2015 /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub- Assistant Registrar

To (*)TO BE SUBSTITUTED THE ORDER ALREADY DESPATCHED ON 4/5/2015 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

3.The Sub-Inspector of Police, Nilakottai Police Station, Dindigul District.

4.The Superintendent of Police, CBCID, Madurai.

5.The Deputy Superintendent of Police, CB-CID, Madurai.

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

+1cc to M/s.S.Sukumar, Advocate in SR.No. 19509 Sm:28.04.2015:2P/8C pm RL/8C- 8/6/2015 Crl.O.P.(MD)No.939 of 2015 15.04.2015 https://hcservices.ecourts.gov.in/hcservices/