S.Arockiyasamy, v. The Superintendent Of Police

1 W.P.(MD)No.7807 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.7807 of 2018 and W.M.P.(MD).No.7382 of 2018 S.Arociyasamy ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul District.

(Crime No.06 of 2018) 3.Tmt.P.Vijaya Lakshmi, The Sub-Inspector of Police, District Crime Branch, Dindigul District.

4.The Inspector of Police, Dindigul District, Dindigul.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, by directing the transfer of investigation of the case in Crime No.6 of 2018, from the file of the third respondent to the file of the fourth respondent for proceeding further and to file the final report.

For Petitioner : Mr.R.Anand For R-1, R-2 & R-4 : Mr.K.K.Ramakrishnan Additional Public Prosecutor 1/3

2 W.P.(MD)No.7807 of 2018

O R D E R

This Writ Petition has been filed to transfer the investigation of the case in Crime No.06 of 2018 from the file of the third respondent to the file of the fourth respondent and to file a final report.

2.According to the petitioner, based on a complaint given by the petitioner, First Information Report has been registered in Crime No.06 of 2018, for the offences under Sections 120 B, 406, 419, 420, 465, 468, 471, 294(b) and 506 (1) of the Indian Penal Code, by the second respondent Police. Even though, the crime has been registered on 02.04.2018, the second respondent Police has not conducted the investigation in a proper manner. In the above circumstances, the present petition has been filed, 3.Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the State, on instructions, submitted that, now, the investigation in this case is almost completed and the witnesses have been examined by the second respondent Police. He further submitted that the disputed document has been sent for Handwriting expert and they yet to receive the report from the Forensic Department, the second respondent Police will complete the investigation and file a final report within a period of two months.

4.Considering the facts and circumstances of the case, as the investigation is almost completed, and the respondent Police are awaiting for the Forensic Department Report, at this stage, the investigation need not to be transferred to any other agency. However, the second respondent is directed to complete the investigation and file a final report within a period two months from the date of receipt of a copy of this order. 5.The Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Dindigul District, Dindigul.

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3 W.P.(MD)No.7807 of 2018 2.The Inspector of Police, District Crime Branch, Dindigul District.

3.The Inspector of Police, Dindigul District, Dindigul.

Order made in W.P.(MD)No.7807 of 2018 Dated: 21.08.2019 TSG MS/05.09.2019/3P.4C 3/3