S.Savuriyayee v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.22862 of 2016 S.Savuriyayee : Petitioner Vs.

1. The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, CBCID, Narimedu, Madurai District.

3. The Inspector of Police, Kalayarkoil Police Station, KalayarKoil, Sivagangai District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the respondent No.1 to withdraw the case in Crime No.28 of 2013 under Sections 457 and 380 of IPC on the file of respondent No.3, dated 12.01.2013 and entrust the same to the respondent No.2 for investigation of the case by a Competent Officer within the time period stipulated by this Court.

For Petitioner : Mr.T.Lajapathiroy For Respondents : Mr.K.Anbarasan Govt.Advocate(Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to withdraw the case in Crime No.28 of 2013 on the file of the 3rd respondent and entrust the same to the 2nd respondent police for investigation by a Competent Officer within a time frame stipulated by this court.

2.A burglary occurred in the house of the petitioner, pursuant to which, a case in Crime No.28 of 2013 was registered on 12.01.2013 under sections 457 and 380 IPC against unknown accused. The petitioner, who is not satisfied with the progress of the investigation, is before this Court, for transferring the investigation.

3.When the matter was taken up for hearing, Mr.S.Mohan, Special Sub-Inspector of Police, Kalayarkovil Police Station, Sivagangai District, is present. On instructions, the learned Government Advocate (Criminal side) submitted that the investigation in Crime No.28 of 2013 was completed and the case has been closed 'as undetected' and the closure report has been filed before the Judicial Magistrate No.I, Sivagangai and the same was taken on file in RCS No.4 of 2014, on 30.01.2014. 4.In the considered opinion of this court, a Full Bench of this court in the case of Chinnathambi @ Subramani vs. State in Crl.A.663 of 2016, decided on 23.02.2017 has held that when a case is closed as undetected, it does not mean that the investigation has been completely stopped. Whenever the police get any fresh information, they can proceed with the investigation and take appropriate action against the accused.

5.In view of the above this Criminal Original Petition is closed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, O/o. Of the Superintendent of Police, Sivagangai District,

2. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, CBCID, Narimedu Madurai District.

3. The Inspector of Police, Kalayarkoil Police Station, KalayarKoil, Sivagangai District (Crime No.28 of 2013)

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

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 55803 SMI/GSP TE/RSK/SAR-II : 08/06/2017 : 3P/6C Order made in Crl.O.P.(MD)No.22862 of 2016 03.05.2017