B.Kumar v. The Union Of India Represented

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.2791 of 2017 B.Kumar : Petitioner -Vs1.The Union of India, Represented by its Principal Secretary, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110 001.

2.The State of Tamil Nadu, represented by its Principal Secretary, Home Department, Secretariat, Fort St. George, Chennai-09.

3.The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-06.

4.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

5.The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

6.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai.

7.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai Sub-Division,

8.The Inspector of Police, Ilayangudi Police Station, : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the respondent Nos.1 and 2 to appoint a competent police officer working under the respondent No.3 to re-investigate the case in Crime No.251 of 2014 registered on the file of the respondent No.8 presently pending in P.R.C.No.12 of 2016 pending before the learned Judicial Magistrate, Ilayangudi, afresh and file report before the competent Court of law in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side) **********

O R D E R

When the matter was taken up for hearing, it was brought to the notice of this Court that the Government of Tamil Nadu has transferred the investigation in Crime No.251 of 2014 from the file of the Inspector of Police, Ilayangudi Police Station, Sivagangai District, to the file of CBCID, Sivagangai and the same has been re-registered as Crime No.2 of 2017 and the investigation is being pursued by the Inspector of Police, CBCID, Sivagangai District. In a case of this nature, where the witnesses will mostly be in the local area and Tamil speaking, it will serve the best interest of justice, if the CBCID is allowed to proceed with the investigation. However, the Superintendent of Police, CBCID, South Zone, is directed to monitor the investigation in CBCID Crime No.2 of 2017 that is being conducted by the Inspector of Police, CBCID, Sivagangai District.

2. With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Ilayangudi.

2.The Principal Secretary, The Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110 001.

3.The Principal Secretary, The State of Tamil Nadu, Home Department, Secretariat, Fort St. George, Chennai-09.

4.The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai-06.

5.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

6.The District Collector, Office of the District Collector, Sivagangai District, Sivagangai.

7.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District, Sivagangai.

8.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai Sub-Division, 9.The Inspector of Police, Ilayangudi Police Station, 10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

11.The Inspector of Police,CBCID,Sivagangai District. 12.The Superintendent of Police CBCID, Southern Zone, Sivagangai.

+1 cc to Mr.S.Malaikani , Advocate in SR.No. 14440 SML AE/MR/27.03.2017/3P/14C Order made in CRL.O.P.(MD) No.2791 of 2017 Dated: 14.03.2017