Madras High CourtCRL OP(MD)/9710/2016disposed of

C.Periyasamy v. The Superintendent Of Police

2016-06-22Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA Crl.O.P.(MD).No.9710 of 2016 C.Periyasamy ... Petitioner -Vs1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch Dindigul District.

3.The Inspector of Police Palani Town Police Station, Palani, Dindigul District ... Respondents Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation pending on the file of the 3rd respondent in CSR No.246/2016 to the 2nd respondent or to any other independent investigation Officer.

For Petitioner :Mr.B.Senthilkumar For Respondents :Mr.K.V.Rajarajan, Govt. Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to transfer the investigation pending on the file of the 3rd respondent in CSR No.246/2016 to the 2nd respondent or to any other independent investigating Officer.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. Though the petition has been filed for transfer of investigation from the 3rd respondent to any other Investigating Officer, the learned Government Advocate (Crl. Side), on instructions, would submit that the 3rd respondent police undertakes to conduct the investigation fairly and expeditiously. https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above submission, the 3rd respondent police is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & others [2013 (4) Crimes 243 (SC).In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.

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

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

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, District Crime Branch Dindigul District.

3. The Inspector of Police Palani Town Police Station, Palani, Dindigul District

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

+1cc to Mr.B.Senthilkumar, Advocate, Sr.No.32355 RR JM/GSV-PM/SAR-I/30.06.2016/2P-6C Crl.O.P.(MD).No.9710 of 2016 22.06.2016 https://hcservices.ecourts.gov.in/hcservices/