K. Balasingh v. The Superintendent Of Police

Crl.O.P (MD) No.15730 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P (MD) No.15730 of 2019 K. Balasingh .. Petitioner Vs

1. The Superintendent of Police Thoothukudi District Thoothukudi

2. The Sub Inspector of Police Sayarpuram Police Station Sayarpuram Thoothukudi District ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation in Crime No. 121 of 2019 from the file of the second respondent to any other police station which is under the control of the first respondent for conducting an impartial investigation in this case.

For Petitioner : Mr.N. Pragalathan 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 investigation in Crime No. 121 of 2019 from the file of the second respondent to any other police station which is under the control of the first respondent for conducting an impartial investigation in this case.

2. It is seen that the First Information Report was registered only on 13.09.2019 for the offences under Sections 147,148,447,427 and 506(ii) of IPC. The main grievance of the petitioner is that the second respondent did not take any effective steps to secure the accused and other action to be taken against other accused persons. It is also seen that between two months this petition has been filed for transfer of investigation.

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Crl.O.P (MD) No.15730 of 2019

3. Considering the above facts and circumstances of the case, at this stage transfer of investigation cannot be considered, which would affect the entire investigation. Hence the Criminal Original Petition stands dismissed. However the second respondent is directed to complete the investigation and file final report before the concerned court within a period of three months 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 also ensure that the second respondent shall complete the investigation as directed by this Court.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) aav To

1. The Superintendent of Police Thoothukudi District Thoothukudi

2. The Sub Inspector of Police Sayarpuram Police Station Sayarpuram Thoothukudi District

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

+1 CC to M/s.N.PRAGALATHAN, Advocate SR-95057. Crl.O.P (MD) No.15730 of 2019 31.10.2019 CS(08.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2