J.Ravi Chanthar v. The Superintendent 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.5031 of 2017 J.Ravichanthar ... Petitioner -vs1. The Superintendent of Police Kanyakumari District

2. The Inspector of Police Eraniel Police Station, Kanyakumari District

3. The Additional Director General of Police (ADGP) Crime Branch Criminal Investigation Department (CBCID) SIDCO Electronics Complex, Block No.3, Ist Floor, Guindy Industrial Estate,Chennai.

4. The Inspector Crime Branch Criminal Investigation, Department (CBCID) NO.7C Kurinji Street, Ramanputhur, Nagercoil Kanyakumari District ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to transfer the investigation in Crime No.68 of 2014 on the file of the 2nd respondent police to the 4th respondent and file final report before the concerned Court.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the 1st respondent to transfer the investigation in Crime No.68 of 2014 on the file of the 2nd respondent police to the 4th respondent and file final report before the concerned Court.

2.

Today, Mr.E.Sai Charan Tejaswi, Assistant Superintendent of Police, Colachel Sub Division, is present before this Court.

3. The police have filed a status report, wherein, in Paragraph Nos.14 to 16, it is stated as follows: "14.I respectfully submit that this murder is one of the most hideous ghastly grotesque crime. Therefore, this case was investing with sincerity and most vigilance but no fruitful information has been received.

15.It is submitted that despite strenuous efforts, no clue could be obtained. So the case was treated as "undetectable" on 30.07.2016 and R.C.No.6/16 was served on the defacto complainant and the defacto complainant had filed objection petition before the learned Principal District Munsif Cum Judicial Magistrate, Eraniel on 20.01.2017. After the perusal of the objection, and final report the learned Judicial Magistrate, Eraniel accepted the final report in R.C.No.1/2017 and closed the case in Eraniel Police Station Cr.No.68/2014.

16.Now the police authority got some secret information about the murder. Therefore under the proceedings of the Assistant Superintendent of Police, Colachel Sub Division, Kanyakumari District, dated 24.06.2017 directed this 2nd respondent to proceed further investigation.

Therefore this respondent on 24.06.2017 filed a petition before the learned Judicial Magistrate Eraniel to seek permission for further investigation. In this circumstance the transferring of investigation in this murder case to some other investigating agency will not serve any purpose."

4. Recording the same, this Court directs the Assistant Superintendent of Police, to monitor the investigation in Crime No.68/2014 and if there is any credible material is received, they can take appropriate action thereon.

5. With above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar

To:

1. The Superintendent of Police Kanyakumari District

2. The Inspector of Police Eraniel Police Station, Kanyakumari District

3. The Additional Director General of Police (ADGP) Crime Branch Criminal Investigation Department (CBCID) SIDCO Electronics Complex, Block No.3, Ist Floor, Guindy Industrial Estate,Chennai.

4. The Inspector Crime Branch Criminal Investigation, Department (CBCID) NO.7C Kurinji Street, Ramanputhur, Nagercoil Kanyakumari District 5.The Assistant Superintendent of Police, Colachel Sub Division, Kanyakumari District.

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

+1 cc to Mr.S.Xavier Rajini , Advocate in SR.No. 62257 RR AE/MR KKR/SAR2/18.07.2017/3P/8C Crl.O.P.(MD)No.5031 of 2017 28.06.2017