Madras High CourtCRL OP(MD)/16309/2019disposed of

S. Pandi Maruthayi v. The Superintendent Of Police

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

Crl.O.P.(MD)No.16309 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.16309 of 2019 S.Pandi Maruthayi

...Petitioner

Vs.

1.The Superintendent of Police, Surveyor Colony, Madurai.

2.The Inspector of Police, All Women Police Station, (*)Thirumangalam, Madurai District.

3.The Inspector of Police, C.B.C.I.D., Madurai, Madurai District.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the investigation of the case in Cr.No.18 of 2018 pending on the file of the 2nd respondent police to any other independent agency or C.B.C.I.D. Officer under the direct supervision of the first respondent and further to file the final report in the said case within a reasonable time period to be fixed by this Court.

For Petitioner : Mr.S.Balaji For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) ***

O R D E R

This petition has been filed to transfer the investigation of the case in Crime No.18 of 2018 pending on the file of the second respondent police to any other independent agency or C.B.C.I.D. Officer under the direct supervision of the first respondent and further to file the final report in the said case. 2.The learned counsel for the petitioner would submit that after registration of FIR in Crime No.18 of 2018, the second respondent did not even recover the jewels from the accused persons and also did not take appropriate enquiry. Therefore, he wants to transfer the investigation from the file of the second respondent to the third respondent.

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Crl.O.P.(MD)No.16309 of 2019 3.The learned Government Advocate (Crl.side) would submit that after registering the case in Crime No.18 of 2018 by the second respondent, the entire investigation now has been transferred to the Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

4.Considering the above facts and circumstances of the case, the transfer of investigation cannot be considered at this stage. Hence, this Criminal Original Petition is dismissed. However, the investing agency is directed to conduct enquiry and file a final report within a period of twelve weeks from the date of receipt of a copy of this order.

Sd/ Assistant Registrar Sd/ Assistant Registrar(CS-III) (*)AMENDED AS PER ORDER OF THIS HON'BLE COURT DATED 22.01.2020 /True copy/ Sub Assistant Registrar(CS) vsd To TO BE SUBSTITUTED THE ORDER ALREADY DESPATCHED ON 18.12.2019 1.The Superintendent of Police, Surveyor Colony, Madurai.

2.The Inspector of Police, All Women Police Station, (*)Thirumangalam, Madurai District.

3.The Inspector of Police, C.B.C.I.D., Madurai, Madurai District.

4.The Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

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

+1 CC to M/s.S.BALAJI, Advocate ( SR-97376[F] dated 11/11/2019 ) Crl.O.P.(MD)No.16309 of 2019 11.11.2019 db(CO) TR(17.12.2019)2P 6C KK/SAR/31.01.2020/2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2