D.Arulanandam v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2016
CORAM
THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9194 of 2016 D.Arulanandam ... Petitioner -Vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Thiruppunavasal Police Station, Pudukkottai District.
(Crime No.25/2016) ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation in Crime No.25 of 2016 on the file of the second respondent to some other impartial Investigating Officer and to file final report under appropriate section within a time to be stipulated by this Court. For Petitioner : Mr.K.N.Govardhanan For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl.Side)
ORDER
This petition has been filed seeking a direction to transfer the investigation in Crime No.25 of 2016 on the file of the second respondent to some other impartial Investigating Officer and to file final report.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.
3. It is the case of the de-facto complainant that the accused persons trespassed into the house of the de-facto complainant and has stolen away Rs.50,000/- apart from causing damages to the household articles worth Rs.3 lakhs and in respect of the same, the de-facto complainant has preferred a complaint to the https://hcservices.ecourts.gov.in/hcservices/
respondents. The respondents have registered a case in Crime No.25/2016 under Sections 294(b), 323, 427, 506(i) and 379 IPC. It is the grievance of the petitioner that the 2nd respondent has filed final report in other cases and not in this case. The specific allegation is that the 2nd respondent has not commenced the investigation also.
3. The learned Government Advocate (Crl. Side) would submit that investigation has been completed and charge sheet has been filed before the Judicial Magistrate, Aranthangi, in respect of the offences under Sections 294(b), 323, 427, 506(i) and 379 IPC, in which, the de-facto complainant has been shown as prosecution witness No.1.
4. Recording the submission made by the learned Government Advocate (crl. side), the petition praying for further investigation is closed. However, it is open to the de-facto complainant to work out her remedy before the Judicial Magistrate, Aranthangi, if so advised.
Sd/ Assistant Registrar(CS II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Inspector of Police, Thiruppunavasal Police Station, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.N.Govardhanan, Advocate in Sr.No.31069 SDR/SK-SKN/28.06.2016/2P/5C Crl.O.P.(MD).No.9194 of 2016 16.06.2016 https://hcservices.ecourts.gov.in/hcservices/