Madras High CourtCRL OP(MD)/15073/2019disposed of

Sundarnath v. The Superintendent Of Police

2019-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15073 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15073 of 2019 Sundarnath ... Petitioner/De-facto Complainant Vs

1. The Superintendent of Police Kanyakumari District Nagercoil 2.The State Rep by The Inspector of Police Kottar Police Station Kottar,Kanyakumari District (Crime No.386 of 2019) ...1 and 2 Respondents/Respondents

3. The Deputy Superintendent of Police CBCID, Perumalpuram Palayamkottai Tirunelveli District ...3rd Respondent/Proposed Investigation Agency Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the case in Cr No. 386/2019 on the file of the Inspector of police, Kottar Police station, Kottar, Kanyakumari District to be withdrawn and transfer to the 3rd Respondent from the file of the 2nd Respondent for further effective, sincere and unbiased investigation forthwith.

For Petitioner : Mr.S. Palanivelayutham For Respondents : Mr.K.Suyambulinga Bharathi No.1 to 3 Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to withdraw and transfer the Crime No. 386/2019 on the file of the second respondent to the 3rd Respondent for further effective, sincere and unbiased investigation forthwith.

2. On the complaint lodged by the petitioner the second respondent registered a case in crime No.386 of 2019 for the offences under Sections 294(b), 323, 506(ii) and 379 (NP) of IPC.

3. The learned counsel for the petitioner would submit that there are four accused in this case and the second respondent is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15073 of 2019 not taking any steps to secure them and investigation is still pending.

4. The learned Government Advocate(Crl.Side) would submit that there are four accused in crime No.386 of 2019 for the offences under Sections 294(b), 323, 506(ii) and 379 (NP) of IPC, so far they have arrested second accused and A1 and A4 already got anticipatory bail and investigation is still in progress.

4. Considering the facts and circumstances of the case, at this stage transfer of investigation would not serve any purpose as alleged by the petitioner. Hence the petition is dismissed. However the second respondent police is directed to complete the investigation and file final report within a period of twelve weeks from the date of receipt of a copy of this order. Further the first respondent is directed to monitor the investigation done by the second respondent and shall ensure that the second respondent shall complete the investigation as directed by this Court. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Kanyakumari District at Nagercoil 2.The Inspector of Police Kottar Police Station Kottar,Kanyakumari District

3. The Deputy Superintendent of Police CBCID, Perumalpuram Palayamkottai Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.15073 of 2019 22.10.2019 KK/SAR/06.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2