Madras High CourtWP(MD)/11119/2020disposed of

Kutbudeen v. The Superintendent Of Police

2020-10-16Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)No.479 of 2020 W.P(MD).No.11119 of 2020 Kutbudeen ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police Thanjavur 613 001 .

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Taluk, Thanjavur District 614 602.

3.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District 614 701.

4.Sahul Hameed 5.Rabiyath 6.Jamaludeen

...Respondents

PRAYER in W.P(MD).No.11119 of 2020 : Petition filed under Article 226 of the Constitution of India, directing the respondent nos.1 to 3 to recover the 25 sovereign jewels with all household articles to the worth of Rs.1,50,000/- from the respondent nos. 4 to 6 consequently hand over it to the petitioner forthwith on the basis of the petitioner's representation dated 05.03.2020 within a stipulated time.

Crl.O.P(MD)No.1087 of 2020 Kutbudeen ....Petitioner Vs 1.The Superintendent of Police Office of the Superintendent of Police Thanjavur 613 001 1/4

2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Pattukottai Taluk Thanjavur District 614 602 3.The Inspector of Police Adiramapattinam Police Station Thanjavur District 614 701 4.The Deputy Superintendent of Police Crime Branch Crime Investigation Department (C.B.C.I.D) Thanjavur District 613 005 5.The Inspector of Police Crime Branch Crime Investigation Department (C.B.C.I.D) Thanjavur District 613 005 Prayer in Crl.O.P(MD).No.

1087 of 2020: Petition filed under Section 482 Code of Criminal Procedure, to issue a direction to transfer the investigation to the fourth respondent office for conducting fair and impartial investigation in Crime Number 299 of 2019 on the file of the 3rd respondent for a fair and impartial investigation and to direct the 4th respondent to file periodic report to this Court on the progress made in the investigation. (In both petitions) For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.R.Srinivasan Government Advocate (R1 to R3 in W.P.No.11119 of 2020) (R1to R5 in Crl.O.P.No.1087 of 2020) C O M M O N O R D E R Heard the learned counsel on either side.

2.The petitioner's counsel expressed his satisfaction over the manner in which the jurisdictional Deputy Superintendent of Police has conducted a substantial recovery of the petition mentioned items.

3.The petitioner is also confident that under the investigation done by the Deputy Superintendent of Police, the investigation will go on the right lines.

4.The submission of the learned counsel for the petitioner is recorded.

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5.The Jurisdictional Deputy Superintendent of Police is directed to complete the investigation within a period of sixteen

(16) weeks from the date of receipt of a copy of this order. 6.Accordingly, both the Writ petition and the Criminal Original Petition are disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) msa NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Superintendent of Police Office of the Superintendent of Police Thanjavur 613 001 2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Pattukottai Taluk Thanjavur District 614 602 3.The Inspector of Police Adiramapattinam Police Station Thanjavur District 614 701 4.The Deputy Superintendent of Police Crime Branch Crime Investigation Department (C.B.C.I.D) Thanjavur District 613 005 5.The Inspector of Police Crime Branch Crime Investigation Department (C.B.C.I.D) Thanjavur District 613 005 3/4

6.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai and Crl.M.P.(MD)No.479 of 2020 16.10.2020 SE(CO) KM (05.11.2020) 4P 7C 4/4