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Madras High CourtCRL OP(MD)/14481/2021disposed of

I. Vincent Raja v. The Principal Secretary To Government

2021-09-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14481 of 2021 Vincent Raja ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Principal Secretary, Department of Home, Secretariat, Fort St. George, Chennai.

2. The superintendent of Police, O/o. Superintendent of Police, Ramanathapuram District.

3. The Deputy Superintendent of Police, CBCID, Ramanathapuram District.

4. The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

(Crime No. 225/2021)

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the respondent Nos.1 and 2 to withdraw the case in Crime No.225 of 2021 dated 21.06.2021 U/s 447,435 of IPC on the file of the respondent No.4 and entrust the same to the respondent No.3 for fair investigation and file a report before the Competent Court. For Petitioner : Mr.I.Pinaygash For Respondents : R.M.S.Sethuraman Additional public Prosecutor

ORDER

This Criminal Original Petition is filed seeking to transfer the investigation in Crime No.225 of 2021 from the file of the fourth respondent to the third respondent or any other Investigating Agency.

2.The grievance of the petitioner is that even though the Car of the petitioner was set fire due to the internal party rivalry, a case in Crime No.225 of 2021, dated 21.06.2021, for the offences under Sections 447, 435 of I.P.C., was registered. No investigation 1/3

has been undertaken so far. Even C.C.T.V camera that has been put up in the place of occurrence, has covered the entire incidence, that has to be brought to the notice of the Investigation Officer and since, so far no such investigation has been taken, to recover the C.C.T.V footage. So, the matter has to be investigated on that line.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that C.C.T.V footage has been recovered and has also been viewed and the investigation has been taken in the proper direction.

4. Considering the facts and circumstances of the case and also taking note of the fact that the Crime number is of the year 2020, there shall be a direction to the second respondent/the Superintendent of Police, Ramanathapuram, to monitor the investigation conducted by the fourth respondent and the process of investigation shall be completed within a period of six months from the date of receipt of a copy of this order. After completing the investigation, final report must be filed before the concerned Court. The compliance report must be submitted to the Registry.

5. With the aforesaid direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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 Principal Secretary, Department of Home, Secretariat, Fort St. George, Chennai.

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2. The superintendent of Police, O/o. Superintendent of Police, Ramanathapuram District.

3. The Deputy Superintendent of Police, CBCID, Ramanathapuram District.

4. The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

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

28.09.2021 DJ(CO) KB(12.10.2021) 3P 6C 3/3