Madras High CourtCRL OP(MD)/6207/2020disposed of

Velayutham v. The Superintendent Of Police

2020-06-15Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD)No.6207 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.6207 of 2020 Velayutham ... Petitioner/Defacto Complainant versus 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kovilankulam Police Station, Ramanathapuram.

3.The Deputy Superintendent of Police, CBCID, Ramanathapuram.

... Respondents 1 to 3 Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, seeking a direction to withdraw the case in Crime No.21 of 2020 from the file of 2nd respondent and transfer and entrust the case to the file of the 3rd respondent with a direction to complete the investigation within the period that may be stipulated by this Hon'ble Court.

For Petitioner :

M/s.R.Gandhi For Respondents :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to withdraw the case in Crime No.21 of 2020 from the file of 2nd respondent and transfer and entrust the case to the file of the 3rd respondent with a direction to complete the investigation within the period that may be stipulated by this Court.

2. According to the learned counsel for the petitioner, the occurrence has taken place on account of an election dispute and there are several other incidents prior to the occurrence. The real culprit behind the entire episode is the Union Chairman, who due to his political influence has not been arrayed as an accused in this case.

3. Learned Additional Public Prosecution on instructions submits that the investigation is conducted in a proper manner and the respondent Police so far arrested 23 accused who have also filed Bail Applications and they see to that the bail petition moved by one of the co-accused is dismissed and also taking earnest steps for https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.6207 of 2020 arresting the remaining accused. Therefore, there is no necessity for transferring the investigation at this stage.

4. Since it is reported that nearly 23 persons have been arrested by the respondent Police and the investigation is in crucial stage, this Court is not inclined to transfer the investigation at this stage. However, since the petitioner is making out an allegation as against the Union Chairman, by referring the earlier incident prior to the occurrence, the respondent Police shall also look into the same in the course of the investigation. The first respondent Superintendent of Police shall also monitor the investigation.

5. Accordingly this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) ogy/dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kovilankulam Police Station, Ramanathapuram.

3.The Deputy Superintendent of Police, CBCID,Ramanathapuram.

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

Crl.O.P.(MD)No.6207 of 2020 15.06.2020 SMA/19/06/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/4