Madras High CourtCRL OP(MD)/16812/2021disposed of

T.Murugesan v. The Superintendent Of Police

2021-10-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16812 of 2021 T.Murugesan ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell - DCB, Kanyakumari District, Nagercoil.

3.The Special Sub-Inspector of Police, District Crime Branch, Kanyakumari District.

(Crime No.11 of 2021) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of the case in Cr.No.11 of 2021 on the file of the 3rd respondent police to any other investigating agency or officer under the direct supervision of the 1st respondent to be done within a time period to be fixed by this Court.

For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.RMS.Sethuraman Additional Pubic Prosecutor

ORDER

This petition is filed seeking transfer of investigation in Cr.No.11 of 2021 from the file of the 3rd respondent to the file of some other Agency or Officer.

2.Now, the grievance of the petitioner is that the agreement is of the year 2017 and after a long gap, the FIR came to be registered only on 17.07.2021 against 7 persons in Crime No.11 of 2021 for the offences punishable under Sections 120B, 419, 420, 468 and 471 of IPC. Even after the registration of the FIR, no progress has been made.

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3.The learned Additional Public Prosecutor appearing for the respondents would submit that so far 6 witnesses have been examined and A3, A4 and A6 are the absconding accused and the other accused persons have been released on bail. 4.Since, the offence has been registered only on 17.07.2021, there shall be a direction to the 3rd respondent herein to complete the investigation and file the final report within a period of 5 months from the date of receipt of a copy of this order. Considering the oldness of the crime, after completing the investigation, final report must be filed before the concerned Court as expeditiously as possible. In the facts and circumstances of the case, transfer of investigation does not arise and no material has been placed before this Court warranting such exercise of power. After filing the final report, compliance report must be submitted to the Registry.

5.With the aforesaid directions, this petition stands disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell - DCB, Kanyakumari District, Nagercoil.

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3.The Special Sub-Inspector of Police, District Crime Branch, Kanyakumari District.

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

Copy to The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N. DILIP KUMAR, Advocate (SR-33445[F] dated 01/11/2021) 29.10.2021 NSN(CO) SB(07.12.2021) 3P 7C 3/3