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Madras High CourtCRL OP(MD)/17015/2019disposed of

P. Sundram v. The Assistant Commissioner Of Police (L And O)

2019-11-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.17015 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.17015 of 2019 P. Sundram ... Petitioner /Petitioner Vs 1.The Assistant Commissioner Of Police (Law and Order), Tirunelveli.

2.The Superintendent of Police Nagercoil, Kanyakumari District.

3.The Inspector of Police, Thiruvattar, Kanyakumari District.

4.Devanesan 5.Seetharani 6.Sibin 7.Pravin ... Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the first and second respondents to consider the representation given by the petitioner and thereby to order change of investigation through any other mode of investigation for the First Information Report in Crime No.233 of 2019, registered by the third respondent.

For Petitioner : Mr.G.Cenil For R1 to R3 : Mr.K.Suyambulinga Bharathi, Government Advocate(crl.side)

O R D E R

This petition has been filed to change the investigation in Crime No.233 of 2019, from the file of the third respondent to any other investigation agency.

2. The learned counsel for the petitioner/complainant would submit that the main grievance of the petitioner is that no accused was arrested and the investigation officer colluded with the accused persons

3. The learned Government Advocate (criminal side) would submit that the accused persons/respondents 4 to 7 were obtained anticipatory bail and as such the third respondent could not arrest them. Further, he would submit that the investigation is under progress.

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Crl.O.P.(MD) No.17015 of 2019

4. Under these circumstances, the transfer of investigation cannot be considered. However, the third respondent is directed to complete the investigation and file the final report within a period of eight weeks from the date of receipt of a copy of this order. The second respondent is also directed to monitor the investigation by the third respondent and ensure that the third respondent shall complete the investigation and file the final report as directed by this Court.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Assistant Commissioner Of Police (Law and Order), Tirunelveli.

2.The Superintendent of Police Nagercoil, Kanyakumari District.

3.The Inspector of Police, Thiruvattar, Kanyakumari District.

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

+1 CC to Mr.G.CENIL, Advocate ( SR-100594[F] dated 22/11/2019 ) Order made in CRL.O.P (MD) No.17015 of 2019 21.11.2019 VB(11.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2