S.S.Jayadevan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3784 of 2017 S.S.Jayadevan ... Petitioner -vs1. The Commissioner of Police Madurai City, Madurai.

2. The Superintendent of Police, CBCID, South Zone, SIDCO Electronic Complex, Block No.3, 1st Floor & 3rd Floor, Guindy Industrial Estate,Chennai.

3. The Inspector of Police Tallakulam Police Station, (L&O) Madurai District

4. The Inspector of Police, CBCID, Madurai District ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to withdraw and transfer the case in Crime No.365/2017 from the file of the 3rd respondent to the 4th respondent and may direct the 4th respondent to file final report within a stipulated period.

For Petitioner : Mr.R.Ramachandran For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) *****

O R D E R

This petition has been filed for a direction to withdraw and transfer the case in Crime No.365/2017 from the file of the 3rd respondent to the 4th respondent and may direct the 4th respondent to file final report within a stipulated period.

2. The Inspector of Police, Tallakulam Police Station, has filed a status report, wherein, he has stated as follows: "In this regard, the complainant sent a register post to the Commissioner of police, Madurai City and stated that no action was taken on this postal petition. Hence, he got a direction from Hon'ble JM No.II, Court, Madurai vide https://hcservices.ecourts.gov.in/hcservices/

Cr.M.P.No.507/2017. On the basis of the direction this case was registered and investigated by WSI. Santhi, D1 Tallakulam, L&O PS, Madurai city. Accused were not arrested. The investigation concluded in M.F. Meanwhile, the complainant lodged a petition before the Deputy Commissioner of Police, Law and Order, Madurai City, in C.No.782/PG/DCP/L&O/MC, dated 03.05.2016, in which he asked to send the case to CBCID enquiry and stated that the Sub Inspector of Police is not eligible to conclude the case as M.F. Following, the Asst.

Commissioner of Police, Tallakulam Law and Order, Madurai City has issued a memorandum in C.No.114/2017, dated 27.05.2017, in which he instructed the Inspector of Police, D1 Tallakulam L&O Tr.Pethuraj to investigate the case again and lay the chargesheet early. Subsequently, I took up the investigation after perused the case diary in which 3 witness have been examined, the remaining witnesses are to be examined and they are summoned on 15.06.2017 under 91 & 160 Cr.P.C. and 4 accused enquired. Thereafter, the final report will be prepared within the short time. This is for favour of kind perusal Sir."

3. Recording the same, this petition is closed with a direction to the Inspector of Police, to proceed with the investigation in a fair and thorough manner and either file a chargesheet or closure report, as the case may be, with due intimation to the petitioner.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To:

1. The Commissioner of Police, Madurai City, Madurai.

2. The Superintendent of Police, CBCID, South Zone, SIDCO Electronic Complex, Block No.3, 1st Floor & 3rd Floor, Guindy Industrial Estate,Chennai.

3. The Inspector of Police Tallakulam Police Station, (L&O), Madurai District

4. The Inspector of Police, CBCID, Madurai District

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

RR RL/6C/2P/KP/SAR1/11/7/2017 Crl.O.P.(MD)No.3784 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 28.06.2017