← Library
Madras High CourtCRL OP(MD)/17043/2018disposed of

Paulraj, v. The Superintendent Of Police

2022-09-12Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2022

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Paulraj ... Petitioner Vs.

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

2.The Sub Inspector of Police (L&O), Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation of the case in Crime No.154 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 1st respondent and further direct to file the final report in the said case within a reasonable time period to be fixed by this Court.

For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor Page No 1 / 4

ORDER

This petition was filed seeking for transfer of investigation, mainly on the ground that the second respondent police did not produce the recovered jewels before the concerned Court and there was absolutely no progress in the investigation.

2. Heard Mr.P.Krishnasamy, learned counsel appearing for the petitioner and Mr.A.Thiruvadi Kumar, learned Additional Public Prosecutor appearing for the respondents.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the recovered jewels viz., bangles, necklace, chain and gold coin were produced before the concerned Court in P.R.No. 101/2020 on 28.12.2020. That apart, the investigation has almost been completed and since this petition is pending, the respondent police did not proceed further to file the final report.

4. In view of the above development, there is no requirement for this Court to transfer the investigation at this stage and it will suffice if a direction Page No 2 / 4

is issued to the second respondent to complete the investigation and file the final report before the concerned jurisdictional Court within a period of two months from the date of receipt of a copy of this order. If the petitioner wants the return of the articles, it is left open to the petitioner to move the concerned Court seeking for return of the property.

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

12.09.2022 Index :

Yes / No Internet : Yes / No PJL To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Sub Inspector of Police (L&O), Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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

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

Page No 3 / 4

N.ANAND VENKATESH,J.

PJL Crl.OP(MD)No.17043 of 2018 12.09.2022 Page No 4 / 4