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Madras High CourtCRL OP(MD)/17118/2017disposed of

C. Balasubramanian v. The Superintendent Of Police

2018-09-18Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.17118 of 2017 C.Balasubramanian ... Petitioner Vs.

1. The Superintendent of Police Tirunelveli Tirunelveli District

2. The Deputy Superintendent of Police Alankulam Tirunelveli District

3. The State rep by The Inspector of Police Pavoorchatram, Tirunelveli District Cr.No.415 of 2013

4. The Inspector of Police CBCID, Tirunelveli Tirunelveli District

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.415 of 2013 dated 16.12.2013 pending on the file of the third respondent to the fourth respondent or any other investigating agency and to complete the investigation and file a charge sheet, within the stipulated period. For Petitioner : Mr.T.Pon Ramkumar For Respondent : Mrs.S.Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.415 of 2013 which is pending on the file of the third respondent.

2. The third respondent registered First Information Report for offences under Sections 454/457 and 380 of IPC. Subsequent to the registration of the First Information Report there has been https://hcservices.ecourts.gov.in/hcservices/

absolutely no progress in the investigation and articles worth about Rs.4,40,000/- has been stolen away from the house of the petitioner. Even while this case was taken up for hearing in the year 2018, there is no progress in the investigation.

3. The serious offence which according to the learned counsel for the petitioner would have been captured in the CCTV camera, has not been investigated by the respondent police properly.

4. This Court deems it fit to transfer the investigation in this case from the file of the third respondent to the second respondent. The third respondent is directed to hand over the entire case bundles to the second respondent within a period of 10 days from the date of receipt of a copy of this order and the second respondent immediately on receipt of case bundles shall conduct investigation effectively as expeditiously as possible.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The Superintendent of Police Tirunelveli Tirunelveli District

2. The Deputy Superintendent of Police Alankulam Tirunelveli District

3. The Inspector of Police Pavoorchatram, Tirunelveli District

4. The Inspector of Police CBCID, Tirunelveli Tirunelveli District

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

+1CC TO MR.T.PON RAMKUMAR, ADVOCATE IN SR.NO.852761. AAV DS SKN SAR-1 15.10.2018 2P/7C Crl.O.P.(MD)No.17118 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 18.09.2018