1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16603 of 2011 Robert Lees ... Petitioner Vs. 1.The Superintendent of Police, Kanyakumari, Kanyakumari District. 2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District Crime No.786 of 2011 ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent herein to conduct the investigation in crime No.786 of 2011 on the file of the 2nd respondent herein or by directing any other independent investigation agency to conduct the investigation in the manner known to law and further direct to file report within a stipulated time. For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.P.Kannithevan, Govt. Advocate (Crl. Side) O R D E R This petition has been filed to pass a direction to direct the 1st respondent herein to conduct the investigation in crime No.786 of 2011 on the file of the 2nd respondent herein or by directing any other independent investigation agency to conduct the investigation in the manner known to law and further direct to file report within a stipulated time. 2. Heard Mr.A.Thiyagarajan, the learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned counsel appearing for the respondents. 3. The learned counsel appearing for the petitioner would submit in his argument that the complaint given by the petitioner was registered in crime No.786 of 2011 before the 2nd respondent police and it is being investigated in a lethargic manner and there is no break through has been obtained and they are not interested in doing further investigation and for doing effective investigation. He would further submit that the accused persons have not been arrested by the respondent police and hence let it to be transferred to the file of the 1st respondent police. He would further submit that if for any reasons, this Court is not inclined to transfer the same, https://hcservices.ecourts.gov.in/hcservices/ 2 suitable orders may be passed so as to have a transparent and efficient investigation of the case under the supervision of the 1st respondent. 4. The learned Government Advocate (criminal side) would submit in his argument that the investigation is being carried on by the 2nd respondent police in a fair manner and without any partiality, the investigation is being carried on and they are ready to instruct the 1st respondent, the Superintendent of Police, to monitor the investigation processed under the 2nd respondent. 5. Considering the submissions made by both sides, I could see that the case has been registered in crime No.786 of 2011 and it is being investigated by the 2nd respondent police, however, the petitioner has lost faith with the investigation of the 2nd respondent. 6. Considering the said circumstances, I could see that the investigation is offing and if for any reason, the investigation is transferred from the 2nd respondent to the 1st respondent, there is a possibility of delay and the 2nd respondent is also coming under the supervision of the 1st respondent and it has become necessary, not to order the transfer of the said investigation to the 1st respondent and at the same time, the rights of the petitioner has to be protected. 7. In such circumstances, I could direct the 1st respondent viz., the Superintendent of police, to monitor and issue suitable directions to the 2nd respondent police, to do the investigation effectively to the hope of the petitioner and to complete the investigation and file the final report within a period of four months from the date of receipt of a copy of this order. 8. With the aforesaid direction, this petition is ordered. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar To 1.The Superintendent of Police, Kanyakumari, Kanyakumari District. 2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.A.Thiyagarajan, Advocate (SR.No.45134) Crl.O.P.(MD) No.16603 of 2011 21.12.2011 aru NSV/2.1.12/2P/5C https://hcservices.ecourts.gov.in/hcservices/