Gurusamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.16044 of 2023 Gurusamy ... Petitioner Vs.

1. The Superintendent of Police, Thenkasi District, Thenkasi.

2. The Deputy Superintendent of Police, Sankarankovil,

3. The Inspector of Police, CBCID, Tirunelveli.

4. The Inspector of Police, Karivalamvanthanallur Police Station, (In Crime No. 266 of 2015)

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to 1/5

order transfer of Investigation in the matter relating to the Crime No. 266 of 2015 on the file of the 4th Respondent and entrust the same to the Respondent No.3 for investigation of the case and file a Charge Sheet before the Learned Judicial Magistrate Sankarankovil within the time stipulated as fixed by this Court. For Petitioner :Mr.Mayilvahana Rajendran. C For R1 to R4 :Mr.Thanga Aravindh. B Government Advocate (crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking transfer of investigation in Crime No. 266 of 2015 from the file of the 4th respondent to the file of respondent No.3. 2.It is one of the classic cases, where the respondent police could not investigate a case registered for the offences punishable under Sections 120(b), 420 and 468 IPC even after completion of 8 years. It is submitted by the learned counsel that the petitioner, a senior citizen is seeking for direction for transfer of investigation on the ground of delay in investigation. 2/5

3.The learned Government Advocate (Crl.side) submits that the police would complete the investigation and file the charge sheet shortly. 4.Considering the submissions made by the learned counsel on either side, this Petition is disposed of directing the respondent police to complete the investigation in Crime No.266 of 2015 by all means and file the charge sheet as quickly as possible, not later than 8 weeks from the date of receipt of a copy of this order.

Speaking : Yes / No 14.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To

1. The Superintendent of Police, Thenkasi District, Thenkasi.

2. The Deputy Superintendent of Police, Sankarankovil, 3/5

3. The Inspector of Police, CBCID, Tirunelveli.

4. The Inspector of Police, Karivalamvanthanallur Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.16044 of 2023 14.09.2023 5/5