Union Of India v. Muruga Ganesan.S

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fourteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice T.S.SIVAGNANAM AND The Hon`ble Mrs.Justice S.ANANTHI WMP(MD). No.8752 of 2021 in WP(MD) No.2563 of 2021 1.Union of India, Rep by Secretary to Govt, Ministry of External Affairs, Patiyala House Annex, New Delhi

2. The Secretary to Govt, Home Dept (Police), Secretariat, Fort St.George, Chennai

3. The Director General of Police, Head Quarters, Chennai-9

4. The Inspector General of Police, Intelligence Cell, Chief Office, Chennai

5. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Road, Madurai-2

6. The Post Master General, Southern Region Madurai, Madurai

7. The Inspector General of Police, Q Branch CID, Chief Office, Chennai

8. The Superintendent of Police Q Branch CID, Chief Office, Chennai

9. The Inspector of Police Q Branch CID, Madurai

10. The Joint Director of CBI/Head of Zone, 3rd Floor III Evk Sambath Building, College Road, Chennai-600 006

11. S.Davidson Devaasirvatham, Commissioner of Police Madurai, (Pesently Working as Adgp Police Training College, Chennai)

12. Sivakumar, Asst Commissioner, Intelligence Section, Madurai City

13. Dharmalingam, Inspector of Police, Intelligence Section, Madurai City 14.Elavarasu Inspector of Police, Avaniyapuram, Madurai City. Now Present Working at B1-Vilakkuthoon Crime Inspector, Madurai City ...

Petitioners . Vs..

S.Muruga Ganesan S/o.C.Subburaj, 196 Lala Compound, North Masi St., Madurai-1 ... Respondent Prayer in WMP.8752 of 2021:- This Miscellaneous Petition filed under Article 226 of Constitution of India, to grant an extension of time for further 6 months to complete the investigation as per the order made in wmp (md) 2112/2021 in wp(md) 2563/2021 by this Honble High court dt 11.2.2021.

Prayer in WP(MD). 2563/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to directing the 3rd respondent to transfer the investigation in Crime no. 1/2019 pending on the file of the 9th respondent either to the Central Bureau of Investigation or any other independent agency under the direct supervision of this Honble Court or under the Monitoring Committee headed by a Retired Judge of this Honble Court and consequently fix an outer time limit for completing the investigation, by considering the representation dt 25.11.2020 and pass such further or other orders as this Honble Court may deem fit and proper in the nature and in the circumstances of the case and thus render justice ORDER:- This Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Veera Kathiravan Senior Advocate For Mr.A.K.Manickam Standing Counsel for the State on behalf of the Petitioners, this Court made the following order:

O R D E R

************* [Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.Veera Kathiravan, learned Senior Standing Counsel for Government assisted by Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the petitioners.

2.This petition has been filed seeking for extension of time to complete the investigation in terms of the directions issued in W.P. [MD]No.2563 of 2021 dated 11.02.2021.

3.From the affidavit filed in support of the extension of time petition, we find that the investigation has been diligently proceeded and as many as 500 witnesses have been examined and those witnesses have given their statements and large facts have been unearthed. Therefore, the petitioners seek six [6] months time to complete the investigation and file a final report. 4.Considering the same, the time limit granted in the order dated 11.02.2021 is extended for a period of six [6] months, making it clear that the investigating agency shall expeditiously conclude the investigation and file a final report within the extended time. 5.Accordingly, this petition stands disposed of. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR

To 1)The Secretary to Govt Home Dept (Police), Secretariat, Fort St.George, Chennai 2)The Director General of Police, Head Quarters, Chennai-9 3)The Inspector General of Police, Intelligence Cell, Chief Office, Chennai 4)The Regional Passport Officer Regional Passport Office, Bharathi Ula Road, Madurai - 2 5)The Post Master General Southern Region Madurai, Madurai

6) The Inspector General of Police, Q Branch CID, Chief Office, Chennai

7) The Superintendent of Police Q Branch CID, Chief Office, Chennai 8)The Inspector of Police Q Branch CID, Madurai 9)9)The Joint Director of CBI/ Head of Zone, 3rd Floor III EVK Sambath Building, College Road, Chennai - 600 006 10)The secretary to Government, Union of India, Ministry of External Affairs, Patiyala House Annex, New Delhi.

+1 C.C to. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai in SR.22908/2021.

ORDER DATED : 14/07/2021 ==========================

ORDER

========================== WMP(MD). No.8752 of 2021 in WP(MD) No.2563 of 2021 Giving direction and etc.

as stated within.

RD(22.07.2021) 3P 12C