Senthilkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Senthilkumar ... Petitioner Vs.

1.The Superintendant of Police, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to hand over the investigation in Crime No.720 of 2020 to the CBCID and direct the CBCID to investigate and to prosecute the accused. For Petitioner : Mr.M.Parameswari For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This petition has been filed seeking a direction to the the second respondent to hand over the investigation in Crime No.720 of 2020 to CBCID and direct CBCID to investigate the case and to prosecute the accused.

2.The case of the petitioner is that he had filed a petition in Crl.O.P.No.8747 of 2020 seeking a direction to appoint some other competent person to investigate the case in Crime No.720 of 2020 pending on the file of the first respondent therein. This Court by an order dated 26.08.2020, directed the Deputy Superintendent of Police to monitor the investigation to be done by the Second Respondent herein. But the second respondent is not taking any steps to investigate the case and the Deputy Superintendant of Police is also not showing any care in the investigation. While so, some unknown persons had thrown petrol bomb inside the house of the petitioner and caused danger to the family. Due to the said incident, the house of the petitioner was partly damaged on fire. Since the life of the petitioner and his family is in danger, the 1/3

petitioner has filed this petition with the aforesaid prayer. 3.The learned counsel for the petitioner for the petitioner would submit that inspite of specific direction issued by this Court in Crl.O.P(MD) No.8747 of 2021 to the first respondent herein to monitor the investigation, there is no proper investigation and progress.

4.The learned Government Advocate (crl.side) would submit that the petitioner suspected the neighbour by name Kannan for the occurrence and the investigation is also conducted in proper manner and he requests three months time to conclude the investigation. 5.Considering the facts and circumstances of the case, the question of transfer of investigation will not arise. However, considering the request of the learned Government Advocate (crl.side), there shall be direction to the second respondent to conclude the investigation and file a final report before the concerned Court within a period of three months from the date of receipt of a copy of this order.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Superintendant of Police, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

2/3

Copy To:

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

+1 CC to M/s.D.PANEERSELVAM, Advocate ( SR-18020[F] dated 29/04/2021 ) 29.04.2021 AS(08.06.2021)3P 5C 3/3