Madras High CourtCRL OP(MD)/15478/2019disposed of

Chellamani v. The Superintendent Of Police

2019-11-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15478 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15478 of 2019 Chellamani

...Petitioner

-Vs1.The Superintendent of Poilice, Karur District, Karur.

2.The Inspector of Police District Crime Branch, Karur District.

Crime No.1/2014 ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first Respondent to transfer the case in Crime No.1/2014 pending on the file of the second Respondent to some other impartial competent investigation agency. For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Criminal Original petition has been filed to direct the first Respondent to transfer the case in Crime No.1 of 2014 pending on the file of the second respondent to some other impartial competent investigation agency.

2. Heard both sides.

3. The petitioner is an accused, he sought for change of investigation in Crime No.1 of 2014 on the file of the second respondent on the ground that already this Court directed the second respondent to file the final report within a period of six months by order dated 19.12.2014 in Crl.O.P.(MD)No.23185 of 2014, even then, the second respondent failed to file the final report. Though the petitioner is an accused, he is facing the investigation for the past five years.

4. Considering the above facts, the petitioner/accused cannot seek transfer of investigation, since he cannot choose the investigation officer. However, the second respondent is directed to file the final report within a period of four weeks from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15478 of 2019

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

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Superintendent of Poilice, Karur District, Karur.

2.The Inspector of Police District Crime Branch, Karur District.

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

Crl.O.P.(MD)No.15478 of 2019 01.11.2019 TR(18.11.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2