V.Nandhakumar v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2023 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN V.Nandhakumar ... Petitioner Vs.
1.The Commissioner of Police, Commissioner of Police Office, Pudukkottai, Main Road, Trichy District.
2.The Assistant Commissioner of Police, A.C. office Gandhi Market Zone(Law and Order), Gandhi Market Police Station upstairs, Trichy District.
3.The Inspector of Police, Gandhi Market Police Station, Gandhi Market, Trichy District.
... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of petitioner's complaint dated 08.01.2023 in C.S.R.No.05 of 2023 on the file of 3 rd respondent to the 2nd respondent or any other investigation officer not less than cadre of Assistant Commissioner of Police, Trichy District for free and fair investigation within a stipulated period as may fixed by the Court. 1/4
For Petitioner : Mr.R.Sakthivel For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor
ORDER
This petition is field to transfer the investigation of petitioner's complaint dated 08.01.2023 in C.S.R.No.05 of 2023 on the file of 3 rd respondent to the 2nd respondent or any other investigation officer not less than cadre of Assistant Commissioner of Police, Trichy District for free and fair investigation within a stipulated period as may fixed by the Court.
2. The grievances of the petitioner is that even after lapse of several months, there is no progress in the enquiry in C.S.R.No.05 of 2023 and no notice was issued to the suspected persons.
3.The learned Additional Public Prosecutor appearing for the respondent police submitted that on the basis of the information furnished by the petitioner, enquiry is going on in a proper manner. He further submitted that the enquiry will be completed within a period of two months.
4. This Court feels that the investigation is going on in proper manner and there is no delay on the part of the respondent police. At this stage, the transfer of investigation may not arise.
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5. Considering the submission made by the learned Additional Public Prosecutor, the third respondent police is directed to complete an enquiry within a period of two months from the date of receipt of copy of this order. Depending upon the outcome of the enquiry, the petitioner may workout his remedy through the appropriate proceedings.
With the above directions, this Criminal Original Petition is disposed of.
03.04.2023 Index : Yes/No Internet:Yes/No tta To 1.The Commissioner of Police, Commissioner of Police Office, Pudukkottai, Main Road, Trichy District.
2.The Assistant Commissioner of Police, A.C. office Gandhi Market Zone(Law and Order), Gandhi Market Police Station upstairs, Trichy District.
3.The Inspector of Police, Gandhi Market Police Station, Gandhi Market, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN, J., tta 03.04.2023 4/4