A.Hariharan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN A.Hariharan ... Petitioner/Defacto Complainant Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, CBCID, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, (In Crime No.614 of 2022) ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to order transfer of investigation in the matter relating to the Crime No.614 of 2022 on the file of the 3rd respondent and entrust the same to the respondent no.2 for investigation of the case and file a charge sheet before the Learned Judicial Magistrate No.I, Tirunelveli within the time stipulated as fixed by the Court.

For Petitioner : Mr.Mayilavahana Rajendran.C For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This petition is filed seeking transfer of investigation in Crime No. 614 of 2022 from the file of the third respondent to the second respondent and entrust the same to the respondent no.2 for investigation of the case and file a charge sheet before the Learned Judicial Magistrate No.I, Tirunelveli within the time stipulated as fixed by the Court.

2. In Pursuance of the direction issued by this Court in W.P(MD).No. 19881 of 2022, FIR was registered and thereafter no progress has been made to complete the investigation and file a final report before the concerned Court.

3. A perusal of CD file shows that the documents have been sent to laboratory for expert opinion on 12.01.2023. At this stage, transfer of investigation may not or will not arise.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that within five months, entire investigation will be completed and the final report will be filed before the concerned Court. 2/4

5.Recording the submission of the Additional Public Prosecutor, there shall be a direction to the third respondent to complete the investigation and file the Final Report before the concerned Court within a period of five months from the date of receipt of a copy of this order and the Assistant Commissioner of Police, Pallayankottai, is directed to monitor the investigation.

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

19.04.2023 Index : Yes/No Internet:Yes/No tta To 1.The Judicial Magistrate No.I, Tirunelveli.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, CBCID, Tirunelveli.

4.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

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

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G.ILANGOVAN, J., tta 19.04.2023 4/4