Madras High CourtCRL OP(MD)/8957/2017disposed of

Mr.K.Pandiyan v. Commissioner Of Police

2020-12-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.8957 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)Nos.8957 and 8958 of 2017 K.Pandiyan

...Petitioner in both petitions

Vs.

1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, C1, Thideer Nagar Police Station, Madurai.

3.P.Pandian ... Respondents in both petitions 4.R.Prabhakar ... 4th respondent in Crl.O.P(MD)No.8957 of 2017 COMMON PRAYER: Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, praying to transfer the investigation in FIR.No.639 of 2016 and 640 of 2016 respectively on the file of the Thideer Nagar Police Station, Madurai before any other Investigating Agency presided by an officer not less than the rank of Deputy Superintendent of Police.

In both petitions:

For Petitioner : Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R3 & R4 : Mr.Moha Boob Athiff for M/s.Ajmal Associates COMMON ORDER These petitions have been filed to transfer the investigation in FIR.Nos.639 of 2016 and 640 of 2016 respectively on the file of Thideer Nagar Police Station, Madurai before any other Investigating Agency presided by an officer not less than the rank of Deputy Superintendent of Police.

2.These petitions have been filed in the year 2016 and though the petitioner has made a specific allegation as against the investigation officer of the second respondent herein in the year 2017, now, new Investigation Officer took authorities of the second respondent police station and proceeds with the investigation. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.8957 of 2017 3.The learned Government Advocate (Crl.side) appearing for the respondent police submitted that in both the crime, the police officials followed the procedure contemplated under Police Standing Order and about to complete the investigation. 4.Considering the above submission and also now the new Investigation Officer took charges of the second respondent police station, the second respondent is directed to complete the enquiry and file a final report FIR.Nos.639 of 2016 and 640 of 2016, within a period of eight weeks from the date of receipt of a copy of this order. The first respondent / Commissioner of Police, Madurai is directed to monitor the investigation done by the second respondent and also ensure that the second respondent shall complete the investigation and file a final report, within a time stipulated by this Court.

5. With the above direction, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, C1, Thideer Nagar Police Station, Madurai.

+1CC to Mr.S.Anand Chandrasekar,Advocate,SR.No.25446 dated 14/12/2020 Crl.O.P(MD)Nos.8957 and 8958 of 2017 11/12/2020 MK(CO) KB(19.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2