Nehru v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19200 of 2016 Nehru : Petitioner/Complainant -Vs1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

(In Crime No.58 of 2016) 3.The Inspector of Police (CBCID), CBCID Office, Ramanathapuram District.

4.Muthuraj Head Constable 5.Pappa, Head Constable : Respondents/Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent No.1 to order change of investigation in the matter relating to the Crime No.58 of 2016 on the file of the 2nd respondent and entrust the same to the respondent No.3 for investigation of the case by a Competent Officer and file a final report before the Appropriate jurisdictional Magistrate, within the time stipulated by this court and pass further orders.

For Petitioner : Mr.K.Seemaraj For R1 to R3 : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition is filed to transfer the investigation in respect of Crime No.58 of 2016 from the file of the 2nd respondent to the 3rd respondent.

https://hcservices.ecourts.gov.in/hcservices/

2.The case of the petitioner is that he is doing chilly business and also having Mike Set and hiring them for rent. On 08.09.2016, his Van bearing registration No.TN-60-L-1657 was set fire, causing damage to the tune of Rs.1,45,000/-. Since, the respondents 4 and 5 are the relatives of the real accused, at their instigation the 2nd respondent is not properly investigating the case. So, the petitioner sent a representation to the 1st respondent, dated 23.09.2016 for change of the investigation. Since no order was passed, he has come forward with the present petition.

3.The learned Government Advocate (Criminal side) would submit that based on the complaint given by the petitioner, a case stands registered in Crime No.58 of 2016 under Section 435 IPC and the accused have been arrested and subsequently, they have released on bail and the investigation is being done in a proper manner and there is no need to change the investigation. 4.Recording the above submission of the learned Government Advocate (Criminal side), this petition is closed as there is no need to change the investigation.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District. 3.The Inspector of Police (CBCID), CBCID Office, Ramanathapuram District.

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

+1 cc to M/s.K.Seemaraj, Advocate in SR.No.59633 er CSL/SS-2/04.11.2016: 2P/6C Crl.O.P.(MD) No.19200 of 2016 05.10.2016 https://hcservices.ecourts.gov.in/hcservices/