Thangappan v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.RC(MD)No.717 of 2016 Thangappan :Revision Petitioner/Complainant Vs.

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

2.The Inspector of Police, Gandharvakkottai in Adanakkottai (In Crime No.77 of 2014) :Respondents/Respondents Prayer: Revision is filed under Section 397 r/w 401 of Cr.P.C., praying to call for the records and set aside the order dated 09.08.2016 in Cr.M.P.No.6612 of 2015 in C.C.No.213 of 2014 on the file of Judicial Magistrate, Pudukkottai and direct further investigation by the 1st respondent himself or any other impartial agency like C.B.C.I.D., and other agency and file final report before this Court.

For Petitioner :Mr.K.Baalasundharam For Respondents :Mr.P.Kandasamy Government Advocate(Crl. Side)

O R D E R

This Revision is filed praying set aside the order, dated 09.08.2016 in Cr.M.P.No.6612 of 2015 in C.C.No.213 of 2014, on the file of the learned Judicial Magistrate, Pudukkottai and direct further investigation by the 1st respondent himself or any other impartial agency like C.B.C.I.D., and other agency and file final report.

2. I have heard the submissions made by the learned counsel appearing for the Revision Petitioner and the learned Government Advocate (crl.side) for the State and also perused the materials placed before this Court.

3. When the matter is taken up for hearing, the learned Government Advocate (crl.side) would submit that he has no objection in directing the Deputy Superintendent of Police, Pudukkottai, Pudukkottai District, to monitor the further investigation to be done by the Circle Inspector of Police, Gandarvakottai for which the learned counsel for the petitioner also agrees.

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4. In the light of the above submissions made on by the learned counsel appearing on either side, the order, dated 09.08.2016, passed by the learned Judicial Magistrate, Pudukkottai, is modified to the effect that the further investigation is to be done by the Circle Inspector of Police, Gandarvakottai. The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District, is directed to monitor the investigation. The Circle Inspector of Police, Gandarvakottai, is also directed to file the final report within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Revision Case is disposed of.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Pudukkottai.

2.The Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

4.The Circle Inspector of Police, Gandarvakottai, 5.The Inspector of Police, Gandharvakkottai in Adanakkottai 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.K.Baalasundaram, Advocate in SR.61811 Crl.RC(MD)No.717 of 2016 Dated:- 20.10.2016 mpk PBK/SK-SKN 03/11/2016 ::2P-8C:

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