Madras High CourtCRL OP(MD)/14342/2020disposed of

K.S.Palanichamy v. The Inspector Of Police

2020-12-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU K.S.Palanichamy ... Petitioner vs.

1)The Commissioner of Police, Madurai City, Madurai-625 002.

2)The Superintendent of Police, 3)The Deputy Superintendent of Police, 4)The Inspector of Police, Central Crime Branch, Madurai City.

[Crime No.3 of 2014] 5)The Inspector of Police, Madurai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to transfer the investigation in Crime No.3 of 2014 on the file of the 4th respondent police to the 5th respondent, the Inspector of Police, CBCID, Madurai. For Petitioner : Mr.P.Saravanakumar For R1 to R5 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition has been filed to direct the 1st respondent to transfer the investigation in Crime No.3 of 2014 on the file of the 4th respondent police to the 5th respondent, the Inspector of Police, CBCID, Madurai.

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2.The learned counsel for the petitioner would state that the petitioner earlier filed Crl.OP(MD)No.978/2016 before this Court for transfer of investigation to the 5th respondent/CBCID and in the said petition, the 4th respondent/police reported that case was closed as 'action dropped' and therefore, this Court directed the petitioner to file petition under Section 156(3) Cr.P.C and accordingly, the petitioner filed Crl.M.P.No.2390/2019 before the Judicial Magistrate No.1, Madurai and by order dated 15.07.2019, the Judicial Magistrate directed the 4th respondent to conduct reinvestigation of the case under Section 173(8) Cr.P.C. with the supervision of the Assistant Commissioner, Central Crime Branch, Madurai and to file the report. The grievance of the petitioner is that though he got the order for further investigation, till date, there is no progress in the investigation. Hence, this petition.

3.The learned Additional Public Prosecutor on instructions would submit that as per the orders passed in the protest petition Crl.M.P.No.2390/2019, dated 15.07.2019, the present case in Crime No.3/2014 has already been entrusted to the 4th respondent for reinvestigation and the same is pending. 4.Recording the above submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed and the 4th respondent is directed to complete the investigation in Crime No.3/2014 and file the final report before the Court concerned within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) bala To 1)The Commissioner of Police, Madurai City, Madurai- 625 002.

2)The Superintendent of Police, 2/3

3)The Deputy Superintendent of Police, 4)The Inspector of Police, Central Crime Branch, Madurai City.

5)The Inspector of Police, Madurai.

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

ORDER MADE IN DATED : 16.12.2020 KM (28.12.2020) 3P 7C 3/3