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Madras High CourtCRL OP(MD)/8218/2021disposed of

Jeyachandran v. The Commissioner Of Police

2021-06-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Jeyachandran ... Petitioner/Sole Accused Vs.

1.The Commissioner of Police, Office of Police Commissioner, K.Pudur Road, 2.The Inspector of Police, All Women Police Station, Madurai South.

(Crime No.376 of 2021) 3.The Inspector of Police, CBCID (Crime Branch Crime investigation Department) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to withdraw the investigation regard to Crime No.376 of 2021 pending on the file of the second respondent and transfer the same to the third respondent for the further progress.

For Petitioner : Ms.P.Sepana @ Sree For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petition has been filed seeking to withdraw the investigation in Crime No.376 of 2021 pending on the file of the second respondent and transfer the same to the third respondent for further progress.

2.The grievance of the petitioner is that even after dismissal of the anticipatory bail application filed by the accused, the investigation has not been properly undertaken by the respondent police and no step has been taken to secure the accused. The incident is said to have taken place on 28.07.2020. 3.The learned Additional Public Prosecutor for the respondents submitted that six witnesses were examined and CDR Report is awaited and he seeks three months time to complete the investigation and file a final report before the concerned Court. 1/3

4.In view of the above submissions, even though this petition has been filed seeking transfer of investigation, I find no reasons to transfer the investigation. However, there shall be a direction to the second respondent to complete the investigation and file a final report before the Court concerned within a period of three months from the date of receipt of a copy of this order. 5.At this juncture, the request has been made by the learned counsel for the petitioner to the effect that considering the seriousness of the allegations, let the investigation be conducted by the second respondent in the direct supervision of the Assistant Commissioner of Police, Madurai City. According to him, several students have been affected because of the illegal activity of the accused, who is the Teacher.

6.Considering his request, there shall be a direction to the Assistant Commissioner of Police, Madurai City, to supervise the investigation of the case in Crime No.376 of 2021 pending on the file of the second respondent.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 Commissioner of Police, Office of Police Commissioner, K.Pudur Road, 2.The Inspector of Police, All Women Police Station, Madurai South.

(Crime No.376 of 2021) 2/3

3.The Inspector of Police, CBCID (Crime Branch Crime investigation Department) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.SEPNA @ SREE, Advocate ( SR-20226[F] dated 25/06/2021 ) 24.06.2021 CN (02.07.2021) 3P 6C 3/3