P.Sudalai, v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3772 of 2017 P.Sudalai ... Petitioner -vs1. The Superintendent of Police, Tirunelveli District Tirunelveli

2. The State rep. by the Sub Inspector of Police Radhapuram Police Station, Radhapuram Tirunelveli District Crime No.199 of 2016 ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the case in Crime No.199 of 2016 on the file of the Sub Inspector of Police, Radhapuram Police Station, Radhapuram, Tirunelveli District to be withdrawn and transferred to any other investigating agency in the nearby police station as fit and convenient to conduct proper unbiased and effective investigation forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.T.Mohan Additional Public Prosecutor *****

O R D E R

It is seen that this petitioner was assaulted by some unknown persons on 11.12.2016 and on the complaint given by the petitioner, a case in Crime No.199/2016 was registered on 11.12.2016 under Sections 294(b) and 323 IPC by the Sub Inspector of Police, Radhapuram Police Station. While so, the petitioner has filed the present petition for transfer of investigation on the ground that the investigation is not progressing any further.

2. Today, Mr.Y.Chellappa, Special Sub Inspector of police, Radhapuram Police Station is present before this Court.

3. The learned counsel for the petitioner submitted that though the petitioner had not given the name of his assailants to the police in the FIR, yet, subsequently, the petitioner came to know that one Indra has set up some hire lings to assault the petitioner. According to the petitioner, the said Indra has been https://hcservices.ecourts.gov.in/hcservices/

sending threatening SMS messages for a period of one year.

4. Mr.Sivakaran, Sub Inspector of Police, Radhapuram Police Station has filed a detailed status report, wherein, he has stated the steps taken by him to find out the assailants. In the said status report, the Sub Inspector of Police has stated that he suspects the involvement of a certain person. However, it may not be desirable to reveal the same in this order, because that may alert the said person and lead to destruction of evidence.

5. This Court does not find any infirmity or tardiness in the investigation by the Sub Inspector of Police, Radhapuram in Crime No.199/2016. However, this Court directs the Deputy Superintendent of Police, Valliyoor Sub Division to monitor the investigation conducted by the Sub Inspector of Police in Radhapuram Police Station Crime No.199/2016.

6. With the above observation, this petition is closed, with a further direction to the respondent police to complete the investigation expeditiously.

Sd/- Assistant Registrar (Protocol) /True copy/ Sub Assistant Registrar To:

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

2. The Deputy Superintendent of Police Valliyoor Sub Division, Tirunelveli

3. The Sub Inspector of Police Radhapuram Police Station, Radhapuram,Tirunelveli District

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

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate, SR No. 58624 RR PSM/KKR/SAR4/12.06.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD)No.3772 of 2017 05.06.2017