Madras High CourtCRL OP(MD)/10068/2020disposed of

V.Betrickrajan v. The Superintendent Of Police

2020-09-22Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.10068 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10068 of 2020 V.Betrickrajan ... Petitioner Vs.

1.The Superintendent of Police, at Nagercoil, Kanyakumari District.

2.The District Crime Branch, Nagercoil, Kanyakumari District.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation in the complaint dated 28.08.2020 from the second respondent to any other independent agency.

For Petitioner :

Mr.S.C.Herold Singh For R-1 & R-2 :

Mr.R.Erottuchamy Government Advocate

O R D E R

This petition has been filed seeking a direction to direct the first respondent to transfer the investigation in respect of the complaint dated 28.08.2020, given by the petitioner from the file of the second respondent to any other independent agency. 2.Today, when the petition is came up for hearing, the learned Government Advocate appearing on behalf of the respondents 1 & 2, on instructions, would submit that the representation given by the petitioner dated 28.08.2020, has been received by the second respondent and upon receipt of the same, the petition enquiry has been initiated in C.No.P2/SP/2253/2020 and the same has been pending on the file of the second respondent.

3.In this regard, the learned counsel appearing for the petitioner would submit that though the enquiry has been initiated, so far the petitioner is not summoned for the purpose of enquiry and therefore, it is necessary to transfer the investigation from the file of the second respondent to some other investigating agency. He would further submit that though the petition is filed for transferring the enquiry, it would suffice to direct the second respondent to complete the investigation within a period as stipulated by this Court.

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Crl.O.P.(MD)No.10068 of 2020 4.Therefore, on considering the above submissions, it would appropriate to direct the second respondent to complete the enquiry within a period of two weeks from the date of receipt of a copy of this order.

5.Accordingly, the Criminal Original Petition stands disposed of with the above direction.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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, at Nagercoil, Kanyakumari District.

2.The District Crime Branch, Nagercoil, Kanyakumari District.

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

Crl.O.P.[MD]No.10068 of 2020 22.09.2020 SCR(CO) AP(05/10/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2