The Inspector Of Police v. G.Sahaya Antony

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT CRIMINAL ORIGINAL Jurisdiction Friday, the Twenty Third day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP CRL MP(MD). No.11085 of 2022 in CRL.O.P(MD)NO20462 OF 2021 The Inspector of Police, Crime Branch CID No.7c, Kurinchi Street Ramanputhur Nagercoil Kanyakumari District.

... Petitioner/Respondent No.2 Vs 1 G.Sahaya Antony

...Respondent/Petitioner

2 The Superintendent of Police Nagercoil,Kanniyakumari District.

...Respondent/Respondent No.1

3 The Sub Inspector of Police Thiruvattar Police Station, Kanniyakumari District.

4 The Inspector General of CBCID, Chennai (R4 is Suo Motu Impleaded as Per Order of the Court dated 23/09/2022 in Crl.M.P.(MD) 11085/2022 in Crl.Op(MD) 20462/2021 ) ... Respondents/Respondents No.3 and 4 Prayer :- This criminal Miscellaneous petition filed under section 482 of Cr.Pc.,to extend the time for further period of six months to complete the investigation and to file a final report as per the directions given by this Madurai Bench of Madras High Court, Madurai by its order dated 24.01.2022 made in Crl O.P (MD) No. 20462 of 2021 Prayer in Crl op(MD)No.20462 of 2021:

Petition filed under Section 482 of Cr.P.C to direct the 1st Respondent herein to transfer the investigation in Crime No. 484 of 2020 from the file of the 3rd Respondent herein to the file of the 2nd Respondent herein and Consequently direct the 2nd Respondent herein to complete the investigation and to file a final report with a time stipulated by this Court.

ORDER:- This criminal Miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.Senthilkumar Additional Public Prosecutor for the Petitioner and Mr.C.Kishore. Advocate for the first respondent, this Court made the following order:

This petition has been filed to extend the time limit to file a final report in Crime No.484 of 2020 on the file of the Inspector of Police, CBCID, Nagercoil, Kanyakumari District, which was transferred from the file of the third respondent. 2.The learned Additional Public Prosecutor appearing for the petitioner herein seeks six months time to complete the investigation on the ground that the technical expert help is required to trace out the telephone tower location. 3.The learned counsel for the petitioner/defacto complainant in Crl.O.P(MD).No.20462 of 2021 vehemently objects to extend the time limit by stating that initially the case was investigated by the Inspector of Police, Thiruvattar Police Station, after the midway investigation, then Deputy Superintendent of Police was transferred. Therefore, the defacto complainant had come before this Court by filing Crl.O.P(MD).No.20462 of 2021. Now, the CBCID also seeks six months time, which is a long period.

4.Considering the facts and circumstances of the case, this Court suo motu impleads the Inspector General of CBCID, Chennai, in this petition as a party and directs him to supervise the investigation to avert any unwarranted controversy in future. 5.As requested by the investigation team, six months time is granted to complete the investigation and file a final report in Crime No.484 of 2020. Accordingly, this Criminal Miscellaneous Petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // /10/2022 Sub Assistant Registrar(CS) To 1.The Superintendent of Police Nagercoil Kanyakumari District.

2.The Sub Inspector of Police Thiruvattar Police Station Kanyakumari District.

3.The Inspector General of CBCID, Chennai 4.The Inspector of Police, Crime Branch(CID),No.7C,Kurinchi Street,Ramanputhur, Nagercoil,Kanyakumari District.

+1CC to M/s.C.Kishore,Advocate(SR.No.46822)

ORDER DATED : 23/09/2022 ==========================

ORDER

========================== CRL MP(MD). No.11085 of 2022 in CRL.O.P(MD)NO20462 OF 2021 Giving direction and etc.

as stated within.

MGJ(14.10.2022) 3P 6C