Thangaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2021 PRESENT THE HONOURABLE MRS.JUSTICE R.HEMALATHA and Crl.M.P(MD).No.7855 of 2020 Thangaraj ... Petitioner/ Defacto Complainant Vs 1.The Superintendent of Police, Madurai Rural, Surveyor Colony, 2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

4.The Inspector of Police, CBCID, Madurai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the respondents to withdraw the investigation in Crime No.16 of 2020 on the file of the third respondent and entrust the same to the fourth respondent. For Petitioner : Mr.R.Murugan For Respondents : Mr.S.Chandrasekar Additional Public PRosecutor

ORDER

The present petition is filed by the petitioner under Section 482 of Criminal Procedure Code seeking for a direction to withdraw the investigation in Crime No.16 of 2020 on the file of the third respondent and to entrust the same with the fourth respondent/Inspector of Police, CBCID, Madurai. 1/3

2.The main contention of the petitioner is that the third respondent has not examined either him (defacto complainant) or the other witness in Crime No.16 of 2020 and he has not also taken any steps to file final report.

3.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents, on instructions, would submit that the investigation in Crime No.16 of 2020 is almost completed. However, he prayed two months time to file final report. 4.At this juncture, the learned counsel appearing for the petitioner would submit that though he prayed for larger relief for transferring the investigation from the file of the third respondent to fourth respondent, he restricted his prayer to one that the investigation in Crime No.16 of 2020 may be monitored by the second respondent /Deputy Superintendent of Police, Melur, Madurai District.

5.Taking into consideration the contention of the petitioner, the second respondent /Deputy Superintendent of Police is directed to monitor the investigation in Crime No.16 of 2020. 6.With the above observations, the Criminal Original Petition is disposed of. Consequently, connected Misecellaneous Petition is closed.

Sd/ Assistant Registrar(P&A) /True copy/ / /2021 Sub Assistant Registrar(CS- ) 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, Madurai Rural, Surveyor Colony, 2.The Deputy Superintendent of Police, Melur, Madurai District.

2/3

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

4.The Inspector of Police, CBCID, Madurai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Date : 22.01.2021 RMK PK/08.02.2021 : 3P/6C 3/3