P.Ranjith Amalan v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 08.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.9318 of 2019 P.Ranjith Amalan ... Petitioner -Vs1. The Commissioner of Police, Police Commissioner Office, Trichy.

2. The Inspector of Police, Palakkarai Police Station, Trichy.

3. The Inspector of Police, Central Crime Branch, Trichy.

4. Petter ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in Crime Nos.273 of 2019 dated 29.04.2019 and 373 of 2019 dated 16.06.2019 from the second respondent to the third respondent or any other honest police officer or any other agency other than the second respondent on the petitioner's petition dated 04.06.2019.

For Petitioner : Mr.S.Radhakrishnan For R1 to R3 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime Nos.273 of 2019 and 373 of 2019 from the file of the second respondent to the third respondent or any other police officer.

2. The grievance of the petitioner is that the fourth respondent herein is none other than the son of the petitioner and he has filed a complaint against the petitioner before the second respondent police and the petitioner and his wife also gave two complaints against the fourth respondent before the second respondent police. Now, the second respondent closed both the complaints filed by the petitioner and his wife as 'Mistake of Fact' and registered the complaint filed by the fourth respondent and also

conducting the investigation in a biased manner. In the above circumstances, the present petition has been filed seeking to transfer the investigation in both the crime numbers from the file of second respondent to any other investigation officer.

3. The learned Government Advocate (Crl.side) on instructions would submit that the complaint given by the petitioner and his wife have been thoroughly investigated and after investigation, negative final report has been filed before the concerned Judicial Magistrate. Now, on the complaint given by the fourth respondent, the second respondent herein conducting investigation in a fair manner and he has no mala fide intention to support the fifth respondent.

4. Considering the facts and circumstances of the case, the petitioner raised some apprehension against the second respondent, who conducting the investigation, the interest of justice, I am of the view that the investigation should be monitored by the Assistant Commissioner of Police, Fort Range, Tiruchirapalli. Accordingly, the second respondent is directed to complete the investigation in Crime Nos.273 and 373 of 2019 and file a final report within a period of two months from the date of receipt of a copy of this order and the Assistant Commissioner of Police, Fort Range, Tiruchirapalli is directed to monitor the investigation.

5. With the above direction, the criminal original petition is disposed of.

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

1. The Commissioner of Police, Police Commissioner Office, Trichy.

2. The Inspector of Police, Palakkarai Police Station, Trichy.

3. The Inspector of Police, Central Crime Branch, Trichy.

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

+1 CC to MR.S.RADHAKRISHNAN, Advocate (SR-74198[F] dated 09/07/2019 ) Crl.O.P.(MD).No.9318 of 2019 08.07.2019 AKV MK (06.08.2019) 3P 6C