Chellaiya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.9887 of 2016 Chellaiya : Petitioner/Defacto Complaint Vs.

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

2.The State Rep. by The Sub Inspector of Police, Kalakkad Police Station, Kalakkad, Tirunelveli District. :Respondents/Complainant (Crime No.166/2016) 3.The Deputy Superintendent of Police, CBCID Wing, Tirunelveli Range, Tirunelveli, : Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the investigation in connection with Crime No.166 of 2016 on the file of the Sub Inspector of Police, Kalakkad Police Station, Tirunelveli District, to be withdrawn and transferred to any other agency, more particularly to the Deputy Superintendent of Police, CBCID, Tirunelveli Range, Tirunelveli District. For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the investigation in connection with Crime No.166 of 2016 on the file of the Sub Inspector of Police, Kalakkad Police Station, Tirunelveli District, to be withdrawn and transferred to any other agency, more particularly to the Deputy Superintendent of Police, CBCID, Tirunelveli Range, Tirunelveli District.

2.There was a burglary in the house of the petitioner, pursuant to which, the petitioner gave a complaint to the second respondent and on the complaint given by the petitioner, the second respondent police registered a case in Crime No.166 of 2016, dated 14.06.2016 for the offences under Sections 457 and 380 IPC against unknown accused. Not satisfied with the investigation, the petitioner is before this Court for transfer of the investigation.

3.Heard Mr.S.Palani Velayutham, learned counsel appearing for the petitioner and Mr.K.Anbarasan, learned Government Advocate (Criminal Side) appearing for the State.

4.Today, Mr.R.Velkumar, Sub Inspector of Police, Kalakkad Police Station, Tirunelveli District, is present. 5.The Inspector of Police, Kalakkad Police Station, has filed a status report, wherein it is stated that the Police were able to identify two of the accused and one has been arrested and some articles have also been recovered. The Police are on the look out of the other accused.

6. It may not be desirable for this court to disclose the details of the investigation that has been conducted by the Police so far in this order, as that might alert the accused. It is suffice to state that in the opinion of this Court, the investigation is going in the right line. However, this Court directs the Deputy Superintendent of Police, Nanguneri Division, to monitor the investigation in Crime No.166 of 2016 on the file of the 2nd respondent police.

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

Sd/- Assistant Registrar(AD II) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub Inspector of Police, Kalakkad Police Station, Kalakkad,

3.The Deputy Superintendent of Police, CBCID Wing, Tirunelveli Range, Tirunelveli, 4.The Deputy Superintendent of Police, Nanguneri, Tirunelveli District.

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

+1cc to Mr.S.Palani Velayutham, Advocate, Sr NO.55567 Order made in Crl.O.P.(MD)No.9887 of 2016 03.05.2017 gsp/smi MS/MR/SAR-3/11.05.2017/3P.7C