Madras High CourtCRL OP(MD)/10448/2019disposed of

Jaypal v. The Superintendent Of Police

2019-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.10448 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.10448 of 2019 Jeyapal ... Petitioner Vs 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District Crime No.80 of 2019 ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to transfer the investigation in crime No.80 of 2019 on the file of the 2nd respondent to any other competent officer, other than the 2nd respondent herein under the supervision of the 1st respondent and to complete the investigation.

For Petitioner : Mr.M.Karunanithi For Respondent : Mr.K.Suyambulinga Bharathi, G.A.(Crl. Side)

O R D E R

This petition has been filed direct the 1st respondent to transfer the investigation in crime No.80 of 2019 on the file of the 2nd respondent to any other competent office, other than the 2nd respondent herein under the supervision of the 1st respondent and to complete the investigation.

2.Heard both sides.

3.It is a case of hit and run case. The respondent registered a case in crime No.80 of 2019 for the offences under Sections 279, 337 of I.P.C. According to the learned Government Advocate (criminal side), the investigation is in progress. Since there was no CCTV footages, the respondent could not find out the offending vehicle. They also enquired so many persons. IN these circumstances, transfer of investigation from the file of the 2nd respondent to any other investigating agency would affect the entire investigation. Therefore, the prayer sought for by the petitioner cannot be granted.

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CRL.O.P (MD) No.10448 of 2019 4.Accordingly, this criminal original petition is dismissed. However, the 2nd respondent is directed to complete the investigation and file the final report, within a period of three months from the date of receipt of a copy of this order. The 1st respondent is directed to monitor the investigation done by the 2nd respondent and also ensure that the 2nd respondent is completed the investigation and file the charge sheet, within the time stipulated above. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Arul To 1.The Superintendent of Police, Karur District, Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

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

+1 CC to M/s.M.KARUNANITHI, Advocate SR-95124. Order made in CRL.O.P (MD) No.10448 of 2019 30.10.2019 CS(14.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2