Madras High CourtCRL OP(MD)/16597/2019disposed of

Kadharkon v. The Superintendent Of Police

2019-11-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.16597 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16597 of 2019 Kadharkon ... Petitioner Vs.

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

2.The Inspector of Police, Appanthirupathy Police Station, Madurai.

(Crime No.207 of 2019) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 1st respondent to instruct the 2nd respondent to transfer the case in Crime No.207 of 2019 pending on the file of the 2nd respondent to some other impartial competent investigation agency.

For Petitioner : Mr.G. Thiruvarutselvan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to direct the first respondent to instruct the second respondent to transfer the case in Crime No.207 of 2019 pending on the file of second respondent to some other impartial competent investigation agency.

2. Though, the learned counsel appearing for the petitioner submitted that a case has been registered on 27.08.2019 till today the petitioner was not at all examined by the second respondent and some of the witnesses were left out for registering the FIR, for those reasons the investigation cannot be transferred to other investigating agency since the FIR only registered on 27.08.2019.

3. The learned Government Advocate (Crl. side) appearing for the respondent police submitted that four witnesses have examined.

4. At these circumstances, transfer of investigation would affect the entire investigation. However, the second respondent is directed to complete the investigation, after examining the petitioner as well as the other witnesses to the occurrence and file a final report, within a period of three months from the date of receipt of a copy of the order. The Deputy Superintendent of Police, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16597 of 2019 Omachikulam is directed to monitor the investigation conducted by the second respondent.

5.This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Ksa To

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

2. The Deputy Superintendent of Police, Omachikulam, Madurai District.

3. The Inspector of Police, Appanthirupathy Police Station, Madurai.

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

+1 CC to Mr.G.THIRUVARUTSELVAN, Advocate ( SR-99218[F] dated 18/11/2019 ) Crl.O.P.(MD).No.16597 of 2019 14.11.2019 MK (16.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2