Madras High CourtCRL OP(MD)/13154/2018disposed of

B. Alayamani, W/O.Balakrishnan v. The Superintendent Of Police

2018-09-05Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.13154 of 2018 B.Aalayamani : Petitioner Vs.

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

2.The Inspector of Police, Thuraiyur Police Station, Thuraiyur, Trichy District.

(Crime No.151 of 2018) 3.The Deputy Superintendent of Police, CBCID, Trichy.

: Respondents PRAYER : Criminal Original Petition is filed under Section 438 of Cr.P.C. to issue a direction directing the withdrawal of the case in Crime No.151 of 2018 pending on the file of the respondent No.2 and entrust the same to respondent No.3 for investigation of the case by a competent office and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court. For Petitioner : Mr.N.Anandakumar For Respondents : Mrs.S.Bharathi Government Advocate(criminal side)

ORDER

The criminal original petition has been filed for a transfer of investigation from the file of the second respondent which is pending in Crime No.151 of 2018.

2.The case of the petitioner is that the complaint was given by the second respondent police on 08.06.2018 an F.I.R. was registered in Crime No.151 of 2018 for an offences under Sections 147, 148, 453, 341, 379, 427, 363 and 506(ii) of IPC. The petitioner has alleged that on 04.06.2018 at about 11.30 p.m, the accused person along with three unknown persons trespassed into shop of the petitioner and forcibly abducted the petitioner and others in a school van and also stolen of the articles in the shop along with cash and have destroyed the entire shop. Thereafter, the petitioner and others were dropped in a different places and threatened with dire consequences.

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3. The learned counsel for the petitioner would submit that the second respondent has not conducted any investigation in this case and till date neither the accused persons have been arrested nor any articles have been seized. Hence, the present petition has been filed for a transfer of investigation.

4. The learned Government Advocate(criminal side) would submit that the second respondent is in the process of investigation.

5. Considering the facts and circumstances of the case, there will be a direction to the first respondent to monitor the investigation conducted by the second respondent. The second respondent is directed to effectively conduct the investigation and file a final report. The entire investigation shall be strictly monitored by the first respondent.

6. With the above directions, the criminal original petition is disposed of.

Sd/ Assistant Registrar(CO) /True copy/ Sub Assistant Registrar (CS-I) To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Thuraiyur Police Station, Thuraiyur, Trichy District.

3.The Deputy Superintendent of Police, CBCID, Trichy.

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

Crl.O.P.[MD].No.13154 of 2018 05.09.2018 SJI KK/SKN/SAR-1/03.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/