1 45BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.15491 of 2011 T.Maheswari ...Petitioner -Vs- 1.The Director General of Police, Office of the D.G.P. Chennai. 2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul. 3.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District. ...Respondents/Complainants PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 and 2 to transfer the investigation in crime No.18 of 2011 on the file of the 3rd respondent to any other competent investigation agencies and consequently direct the 2nd respondent to supervise the investigation in accordance with law. For Petitioners : Mr.Jana @ Janath Ahmed For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the respondents 1 and 2 to transfer the investigation in crime No.18 of 2011 on the file of the 3rd respondent to any other competent investigation agencies and consequently direct the 2nd respondent to supervise the investigation in accordance with law. 2.Heard Mr.Jana @ Janath Ahmed, learned counsel for the petitioner and Mr.P.Kannithevan, learned Government Advocate (Crl. Side) appearing on behalf of the respondents. 3.According to the submissions of the learned counsel appearing for the petitioner, his complaint has not been investigated properly and it is still kept under Section 174 Cr.P.C. and no breakthrough has been obtained and alteration of offences have not also been made. He would further submit that if the investigation is kept with the respondent police, it would not be helpful for the petitioner, who is the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/ 2 4.The learned Government Advocate (criminal side) would submit in his argument that the investigation is still pending and the case is yet to have a break for converting the offences from 174 Cr.P.C., to other I.P.C. offence. He would further submit that soon they will get a break through in the investigation and proper provisions of offence will be incorporated against the culprits. 5.Considering the submissions made by both parties, I could see that the case is pending from 01.02.2011 for the occurrence taken place on 31.01.2011. No doubt, the offences are unaltered and it is still continuing under Section 174 Cr.P.C. Considering the length of investigation, in which, no breakthrough has been obtained so far, I feel that it is necessary for this Court to direct the 2nd respondent, Superintendent of Police of Dindigul District, to monitor the investigation done by the 3rd respondent police and to expedite the investigation, after making necessary alterations in the offence, according to the investigation done by the 3rd respondent and to file the final report, within a period of six months from the date of receipt of a copy of this order. 6.With the aforesaid direction, this criminal original petition is disposed of. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1.The Director General of Police, Office of the D.G.P. Chennai. 2.The Superintendent of Police, Office of the Superintendent of Police, Dindigul. 3.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District. 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. +2cc's to Mr.B.Jana @ Janath Ahmed, Advocate, Sr.No.42168 & 41995 Crl.O.P.(MD).No.15491 of 2011 arul SMA/9.12.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/