Madras High CourtCRL OP(MD)/9333/2021disposed of

S. Nilavalagan v. The Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN S.Nilavalagan ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, Bazaar Police Station, Ramanathapuram.

3.The Inspector of Police, District Crime Branch, Ramanathapuram.

4.Savithri 5.Pandian 6.Kavitha 7.Saradha

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.208 of 2021 on the file of the Bazaar Police Station, Ramanathapuram/2nd respondent to the District Crime Branch, Ramanathapuram District/third respondent. For Petitioner : Mr.P.Paranthanman For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.208 of 2021 on the file of the Bazaar Police Station, Ramanathapuram/2nd respondent to the District Crime Branch, Ramanathapuram District/third respondent.

2. The grievance of the petitioner is that the case has been registered on the basis of the complaint given by him in Crime No.208 of 2021 on the file of the Bazaar Police Station, Ramanathapuram District on 09.05.2021. But, so far, no progress has been made and it is kept pending. The ground on which the petition came to be filed is that the son-in-law of the fourth respondent and the husband of the sixth respondent is now working as the Inspector 1/3

of Police, Ramanathapuram and he is frequently visiting in Ramanathapuram Police Station and making influence upon the Investigating Officer in this matter. So, on that ground, a fair investigation is not possible at the hands of the Inspector of Police, Bazaar Police Station, Ramanathapuram.

3. But, however, the learned Additional Public Prosecutor would submit that so far four witnesses have been examined and the wound certificate has to be obtained. So, according to the learned Additional Public Prosecutor, investigation is undergoing in a fair manner.

4. In view of the above, the apprehension on the part of the petitioner that under the influence of the Inspector of Police, Bazaar Police Station, Ramanathapuram, the investigation will not be conducted in a fair manner is without any basis. However, there shall be a direction to the third respondent to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order under the supervising of the first respondent.

5. With these directions, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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, Ramanathapuram.

2.The Inspector of Police, Bazaar Police Station, Ramanathapuram.

3.The Inspector of Police, District Crime Branch, Ramanathapuram.

2/3

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

+1 CC to M/s.P.PARANTHAMAN, Advocate ( SR-25644[F] dated 09/08/2021 ) 06.08.2021 LS(CO) KB(13.08.2021) 3P 6C 3/3