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Madras High CourtCRL OP(MD)/12396/2018disposed of

T. Lingam v. The Superintendent Of Police

2018-08-20Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.12396 of 2018 T.Lingam

...Petitioner/Defacto Complainant

Vs.

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

2. The State represented by The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.

(Crime No.111 of 2018)

3. The Inspector of Police, CBCID, Perumalpuram, Palayamkottai, Tirunelveli District.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to pass an order directing the case in Crime No.111 of 2018 on the file of the Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District to be withdrawn and transferred from the existing investigating agency viz., the second respondent to any other agency more particularly to the third respondent herein in the circumstances of the present case forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents: Ms.S.Bharathi Government Advocate

O R D E R

This Petition has been filed for transfer of the investigation, which is now pending in Crime No.111 of 2018, on the file of the second respondent Police and the two other agencies.

2.It is seen from the records that the First Information Report has been registered on 09.04.2018 by the second respondent Police. As per the Status Report filed by the second respondent, the case is under investigation and nearly fifty vehicles are used on contract basis and the second respondent Police has sought for https://hcservices.ecourts.gov.in/hcservices/

information from the Regional Transport Officer, Valliyoor, in order to verify the vehicles that are involved on contract basis. The Status report also reveals about the fact that the second respondent has called for information with regard to the insurance that has been taken for all the vehicles and is also investigating the genuineness of the insurance that has been taken for all the vehicles.

3.Considering the facts and circumstances of the case, this Court deems it fit to direct the first respondent to supervise the investigation that is now being done by the second respondent. 4.This Criminal Original Petition is disposed of with the direction to the first respondent to supervise the investigation done by the second respondent and the second respondent is directed to file a final report as expeditiously as possible. The first respondent is directed to ensure that the investigation conducted by the second respondent is in accordance with law. 5.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-III) To

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

2. The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.

3. The Inspector of Police, CBCID, Perumalpuram, Palayamkottai, Tirunelveli District.

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

+1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.79283 TSG VB/RP/SAR3/05.09.2018/2P/6C Crl.O.P.(MD).No.12396 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/