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Madras High CourtCRL OP(MD)/16533/2021disposed of

Sivakumar v. The Commissioner Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.16533 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.16533 of 2021 Sivakumar

...Petitioner/

Defacto Complainant Vs.

1. The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, City Crime Branch, Madurai City, Madurai, 3.The Inspector of Police, C.B.C.I.D, Madurai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the first respondent herein to transfer the investigation in Crime No.43/2019, on the file of the second respondent herein to the file of the third respondent or any other Superior Officer not below the rank of Inspector of Police. For Petitioner :Mr.K.Prakash For Respondents :Mr.K.Sanjai Gandhi Government Advocate(Crl. Side)

ORDER

The criminal original petition has been filed seeking a direction to the first respondent herein, to transfer the investigation in Crime No.43/2019, on the file of the second respondent herein, to the file of the third respondent or any other Superior Officer not below the rank of Inspector of Police. 2.The learned Government Advocate (Crl.Side) would submit that based on the complaint lodged by the petitioner, the respondent police had registered an FIR, conducted enquiry and found that there are 90 victims in this case. Further, he stated that so far, 11 witnesses were examined and investigation is under progress. Under these circumstances, if the investigation transferred to other agency, it will affect the investigation already done by the second respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.16533 of 2021 3.Considering the above, the second respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of the order. Further, the first respondent is directed to monitor the investigation done by the second respondent.

4.With the above direction, the criminal original petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, City Crime Branch, Madurai City, Madurai, 3.The Inspector of Police, C.B.C.I.D, Madurai.

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

+1 CC to M/s.K. PRAKASH, Advocate ( SR-21748[F] dated 27/04/2022 ) Crl.O.P.(MD) No.16533 of 2021 26.04.2022 MGJ(24.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2