S. Suresh Kumar v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15700 of 2021 S.Suresh Kumar ... Petitioner Vs.

1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 8.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Panangudi Police Station, Tirunelveli District.

4.The Inspector of Police, CBCID, No.26D, C Colony, Perumalpuram, Vasantha Nagar, Thirunelveli - 627 007.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation in respect of the FIR in Cr.No.504 of 2020 dated 14.12.2020 on the file of the 3rd to 4th respondent and to file a final report by conducting proper enquiry in accordance with law. For Petitioner : R.Karthika For M/s.Right Law Associates For Respondents : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the the first respondent to transfer the investigation in respect of the FIR in Cr.No.504 of 2020 dated 14.12.2020 on the file of the 3rd to 4th respondent and to file a final report by conducting proper enquiry in accordance with law.

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2.The grievance of the petitioner is that the case has been registered for the offence punishable under Sections 351 and 380 IPC in Crime No.504 of 2020 on 14.12.2020. Even after a lapse of more than nine months, there is no progress in the investigation and the articles have also not been recovered so far. 3.The learned Additional Public Prosecutor submitted that the offence has been committed by an unknown accused. So far 7 witnesses have been examined and the investigating agency taking earnest steps to recover the articles as well as to find out the accused. 4.Considering the facts and circumstances of the case and offences alleged in the complaint and steps that have been taken by the third respondent herein, it may not be proper on the part of the Court to transfer the investigation at this stage.

Hence, there shall be a direction to the third respondent to complete the investigation and file a final report within a period of six months from the date of receipt of a copy of this order. After completing the process, compliance report must be submitted to the Registry. 5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Director General of Police, Kamarajar Salai, Mylapore, Chennai - 8.

2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Panangudi Police Station, Tirunelveli District.

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4.The Inspector of Police, CBCID, No.26D, C Colony, Perumalpuram, Vasantha Nagar, Thirunelveli - 627 007.

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

Copy to The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.15700 of 2021 08.10.2021 MGJ/JGB(02.11.2021) 3P 7C 3/3