Padmanaban v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.(MD)No.411 of 2017 Padmanaban ... Petitioner/Defacto Complainant Vs.

1.The Inspector General of Police, South Zone, New Natham Road, 2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, South Gate Police Station (Crime), Madurai City.

(In Crime No.964 of 2016) 4.The Deputy Superintendent of Police, CBCID, Madurai.

...Respondents

PRAYER : Petition filed under Section 482 of Criminal Procedure Code, seeking to withdraw the case in Crime No.964 of 2016 from the file of 3rd respondent and transfer the same to the file of the fourth respondent with direction to conduct further investigation within a stipulated time.

For Petitioner :Mr.R.Gandhi For Respondents :Mr. K.Anbarasan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking to withdraw the case in Crime No.964 of 2016 on the file of the third respondent and transfer the same to the file of the fourth respondent with a direction to conduct further investigation within the time stipulated by this Court.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (crl. side) for the respondents.

3.It is averred in the petition that the case has been registered in Crime No.964 of 2016 for the offences punishable under Sections 406, 420 r/w 120B IPC on 09.11.2016. But the third respondent has not arrested the accused, despite various complaints given by the petitioner and the petitioner has been dragged from pillar to post for more than two months and there is no progress in the investigation and therefore, the investigation may be entrusted to the fourth respondent.

4.The learned Government Advocate (crl. side) would submit that the investigation is in progress and there is no necessity to transfer the case to another agency viz., CBCID for the purpose of investigation. He fairly conceded that this Court may give a direction to the third respondent to investigate the matter under the supervision of superior officer viz., Assistant Commissioner of Police, Town Crimes.

5.Considering the fact that though the FIR was registered on 09.11.2016, there is absolutely no progress in the investigation and no material has been brought to the notice of this Court about the progress of the investigation and also considering the nature of the offence, this Court issues the following order:- "This Criminal original Petition is partly allowed. The third respondent is directed to investigate the case in Crime No.964 of 2016 and file a final report within a period of three months from the date of receipt of a copy of this order under the supervision of Assistant Commissioner of Police, Town Crimes. The Assistant Commissioner of Police, Town Crimes is strictly directed to have effective supervision over the investigation of the third respondent."

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Inspector General of Police, South Zone, New Natham Road, 2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, South Gate Police Station (Crime), Madurai City.

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

5 The Assistant Commissioner of Police, Town Crimes, Madurai 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 cc to M/S.R.GANDHI, Advocate SR.No.2924 Crl.O.P.(MD)No.411 of 2017 12.01.2017 SMA/RR-ME/23.01.2017:3P/8C