R.Velan v. The Superintendent Of Police

Crl.O.P.[MD]No.7711 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.7711 of 2020 R.Velan ... Petitioner Vs.

1.State represented by The Superintendent of Police, Thanjavur District.

2.The Superintendent of Police, CBCID, Chennai.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, praying to transfer the investigation in Crime No.7 of 2019 on the file of the third respondent police to second respondent for fair investigation and to file a final report. For Petitioner : Mr.S.Jeyachandran For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the first respondent to transfer the investigation in Crime No.7 of 2019 on the file of the third respondent police to the second respondent for fair investigation and to file a final report.

2.Today, when the petition came up for hearing, the learned Additional Public Prosecutor would submit that the third respondent police had already completed the investigation in Crime No.7 of 2019 and submitted the charge sheet before the Assistant Public Prosecutor for getting approval.

3.In this regard, the learned counsel appearing for the petitioner would submit that already in the month of November 2019, the third respondent police issued SMS to the petitioner as the charge sheet has been filed in Crime No.7 of 2019. However, the same was disputed on the side of the respondents. 4.One another aspect, it is necessary to decide in this petition is that previously on 17.10.2019 itself, this Court, while https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.7711 of 2020 at the time of disposing Crl.O.P.(MD)No.14667 of 2019, directed the first respondent police to monitor the investigation and also directed to collect evidence from the petitioner. 5.In the said circumstances, the learned Additional Public Prosecutor undertakes to file a charge sheet on or before 31.07.2020 without fail.

6.Recording the submission made by the learned Additional Public Prosecutor, this Court direct the third respondent to file a charge sheet before the jurisdictional Magistrate on or before 31.07.2020 without fail.

7.Hence, in view of the above, this Criminal Original Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) Rmi 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, Thanjavur District.

2.The Superintendent of Police, CBCID, Chennai.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

Crl.O.P.[MD]No.7711 of 2020 24.07.2020 SPU(29.07.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2