Madras High CourtCRL OP(MD)/6251/2020disposed of

K.C.Lalitha v. The Commissioner Of Police

2020-07-15Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]Nos.6251, 6252, 6253 and 6254 of 2020 K.C.Lalitha ... Petitioner in K.S.Rajanbabu ... Petitioner in Crl.O.P(MD).No.6252 of 2020 K.S.Chandran ... Petitioner in Crl.O.P(MD).No.6253 of 2020 Santhi ... Petitioner in Crl.O.P(MD).No.6254 of 2020 Vs.

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

...1st Respondent in all petitions 2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.

...2nd Respondent/Complainant in all petitions 3.J.K.M.Santharam 4.J.S.Gomathi 5.G.V.Manikandan 6.G.M.Devi ... Respondents 3 to 6/Accused 1 to 4 in all petitions COMMON PRAYER : Criminal Original Petitions are filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation from the second respondent to City Crime Branch, Madurai City or any other competent or investigation agency for further investigation in Crime Nos.826, 807, 806 and 827 of 2019 which is pending before the second respondent. For Petitioners : Mr.J.Selvin Rajesh (in all petitions) 1/3

For R-1 : Mr.S.Chandrasekar (in all petitions) Additional Public Prosecutor COMMON ORDER The petitioners are the defacto complainant in the cases registered in Crime Nos.826, 807, 806 and 827 of 2019 under Sections 406, 420 and 506(i) of I.P.C pending on the file of the second respondent police. Now the petitioners have approached this Court by invoking Section 482 of Cr.P.C., for the relief of direction directing the first respondent to change the investigation from the second respondent to some other Superior Officer above the rank of the second respondent. 2.

The learned counsel appearing for the petitioners would submit that in earlier due to the inaction on the part of the second respondent, the petitioners herein approached the Jurisdictional Magistrate and then only after passing an order by the Magistrate, the cases have been registered against the respondents 3 to 6. After registration of the cases in 2019, sofar investigation has not been progressed and kept pending with the second respondent. Hence, in the interest of justice, it is necessary to direct the first respondent to change the investigation officer.

3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that after registration of the cases, since the offences are in respect to the money transaction, the Investigation Officer asks the petitioners to produce some relevant documents. Inspite of so many request made by the Investigation Officer, the petitioners have not appeared before the second respondent and therefore, investigation is still pending and no progress is made.

4.Upon considering the arguments advanced by either side, in general, whenever any information in relation to commission of cognizable or non-cognizable offence is received, the police officer shall adhere to the procedure contemplated under Sections 154 & 155 of the Criminal Procedure Code and after conducting necessary enquiry/investigation, file final report under Section 173 of Cr.P.C. Such investigation under Chapter XII of the Criminal Procedure Code shall be completed without any unnecessary delay. The delay in filing a final report in the present cases, is inordinate and unjustified.

5.In fact, it is the duty of the Investigation Officer to issue summons to the witnesses for appearance and for production of the documents. But in these cases, the submission made by the 2/3

learned Additional Public Prosecutor does not disclose the fact that the Investigation Officer investigating the matter in accordance with law. Hence, it would appropriate to direct the Assistant Commissioner of Police, Thiruparankundram, Madurai District, to monitor the cases and to instruct the Investigation Officer to complete the investigation within a specified period. 6.With the above directions, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.

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

Copy to The Assistant Commissioner of Police, Thiruparankundram, Madurai District.

Crl.O.P.[MD]Nos.6251, 6252, 6253 and 6254 of 2020 15.07.2020 KM (27.07.2020) 3P 5C 3/3