Chellasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Chellasamy ... Petitioner/Defacto Complainant Vs.

The State rep., by 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.61 of 2020) ... 1st Respondent/Complainant 2.The Superintendent of Police, Sivagangai.

... 2nd Respondent (R2 suo motu im pleaded vide Court order dated 14.11.2022) Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to file charge sheet in Crime No.61 of 2020 on the file of the respondent within a stipulated time period. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.A.Albert James (For R1 & R2) Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the First Respondent to file charge sheet early in Crime No.61 of 2020 pending on his file.

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2.Heard the learned Counsel appearing for the Petitioner. 3.The learned Government Advocate (Crl.side) appearing for the Respondents submitted that there are only two accused and two are absconding.

4.Recording the submission of the learned Government Advocate (Crl.side), the Superintendent of Police, Sivagangai, is suo motu impleaded as Second Respondent and he is directed to nominate the Senior Officer not below the rank of Deputy Superintendent of Police to supervise the investigation in Crime No.61 of 2020. Also the Superintendent of Police, Sivagangai, shall monitor the investigation. If the investigation conducted by the Inspector of Police, Sivagangai Taluk Police Station, is not found satisfactory, the Superintendent of Police, Sivagangai, shall withdraw the CD file from the file of the Inspector of Police, Sivagangai Taluk Police Station and shall nominate a Senior Officer as Investigation Officer in the assessment of the Superintendent of Police, who is fair and impartial to complete the investigation within a reasonable time and let him/her file a final report of the Investigation before the Court of the learned Judicial Magistrate, Sivagangai, within a specified time of 3-4 months from the date of receipt of a copy of this order.

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5.With the above direction, the Criminal Original Petition is disposed of.

14.11.2022 Index : Yes/No Internet:Yes/No Rmk To 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

2.The Superintendent of Police, Sivagangai.

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

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SATHI KUMAR SUKUMARA KURUP, J., Rmk 14.11.2022 4/4