Madras High CourtCRL OP(MD)/17642/2021disposed of

Nanjil Micheal v. The Deputy Inspector General Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan3 pages

1 CRL.O.P.(MD)NO.17642 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.17642 & 17644 of 2021 and CRL.M.P.(MD)Nos.9597 & 9599 of 2021 Nanjil Michael ... Petitioner / Defacto Complainant in both petitions Vs.

1. The Deputy Inspector General of Police, Tirunelveli, Tirunelveli District.

2. The Superintendent of Police, O/o. The Superintendent of Police, Nagercoil, Kanyakumari District.

3. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Kanyakumari District.

4. The Inspector of Police, Kanyakumari police station, Kanyakumari District.

(Crime No.273 of 2018 & Crime No.135 of 2021) ... Respondents in both petitions Prayer in Crl.O.P.(MD)No.17642 of 2021 : Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 2 and 3 to initiate a fresh, de novo or re-investigation in Crime No.273 of 2018 dated 31.10.2018 registered under Sections 457 and 380 of I.P.C. on the file of the fourth respondent and conduct fresh investigation by a competent officer or any other independent investigating agency and file final report before the jurisdictional Magistrate within the time stipulated by this Court. Prayer in Crl.O.P.(MD)No.17644 of 2021: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 2 and 3 to initiate a fresh, de novo or re-investigation in Crime No.135 of 2021 dated 31.03.

2021 registered under Sections 457 and 380 of I.P.C. on the file of the fourth respondent and conduct fresh investigation by a competent officer or any other independent investigating agency and file final report before the jurisdictional Magistrate within the time stipulated by this Court. ( in both Crl.O.Ps.) For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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2 CRL.O.P.(MD)NO.17642 OF 2021 C O M M O N O R D E R Heard the learned counsel on either side.

2. The petitioner herein is the Vice-President of the church in question. The statue of Mother Mary which was installed in the church was adorned with golden jewellery. On two occasions, they were stolen. Based on the complaint given by the church authorities, Crime No.273 of 2018 and Crime No.135 of 2021 were registered on the file of the fourth respondent for the offences under Sections 457 and 380 of I.P.C. The grievance of the petitioner is that till date, there has been no break through in the investigation. There was no recovery. Therefore, this criminal original petition has been filed for transfer of investigation.

3. Considering the overall facts and circumstances, the third respondent is directed to take over the investigation from the fourth respondent and file final report as expeditiously as possible. Since the place of worship has been the target of theft on two occasions, the third respondent is directed to maintain appropriate surveillance so that such crimes do not occur in future.

4. These criminal original petitions are disposed of on these terms. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Deputy Inspector General of Police, Tirunelveli, Tirunelveli District.

2. The Superintendent of Police, O/o. The Superintendent of Police, Nagercoil, Kanyakumari District.

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3 CRL.O.P.(MD)NO.17642 OF 2021

3. The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Kanyakumari District.

4. The Inspector of Police, Kanyakumari police station, Kanyakumari District.

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

+2 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-34992,SR-34993[F] dated 18/11/2021 ) Crl.O.P.(MD)Nos.17642 & 17644 of 2021 17.11.2021 RD(29.11.2021) 3P 8C 3/3