1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.15884 of 2011 Appu @ Harikrishnan ... Petitioner Vs. State represented by, 1.The Superintendent of Police, Trichy District, Trichy. 2.The Deputy Superintendent of Police, Kambarasampettai (Manachanallur Range), Trichy District. 3.The Inspector of Police, Pulivalam Police Station, Trichy. 4.The Deputy Superintendent of Police, C.B.C.I.D., Trichy District. ... Respondents / Complainants PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the change of investigation, pursuant to the case registered in crime No.67 of 2011 from the file of the third respondent to the fourth respondent herein. For Petitioner :Mr.N.Anandkumar For Respondents :Mr.P.Kannithevan, Govt. Advocate (Crl. Side) O R D E R This petition has been filed to direct the change of investigation, pursuant to the case registered in crime No.67 of 2011 from the file of the third respondent to the fourth respondent herein. 2.Heard Mr.N.Anandkumar, 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.67 of 2011 before the 3rd t respondent police https://hcservices.ecourts.gov.in/hcservices/ 2 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 even though the petitioner suspected one Murali, son of Jayaraj of Puttur Kallankadu and his brother Kannan and one K.Dharmaraj of house board, Worraiyur and one Selvakumari, wife of Chinnasamy of Musuri and he revealed their names while at the time of preliminary enquiry itself, till date neither investigation was conducted on the basis of the apprehension of the petitioner nor any investigation pointing towards the culprits and hence, let it to be transferred to the file of the 4th respondent police. He would further submit that if for any reasons, this Court is not inclined to transfer the same, 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 3rd 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 3rd respondent. 5.Considering the submissions made by both sides, I could see that the case has been registered in crime No.67 of 2011 and it is being investigated by the 3rd respondent police, however, the petitioner has lost faith with the investigation of the 3rd respondent. 6.Considering the said circumstances, I could see that the investigation is offing and if for any reason, the investigation is transferred from 3rd respondent to the 4th respondent, there is a possibility of delay and the 4th respondent is also under the supervision of the 1st respondent in the district and it has become necessary, not to order the transfer of the said investigation to the 4th 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 3rd respondent police, to do the investigation effectively to the hope of the petitioner and to complete the investigation in a short span of time in a fair manner. 8.With the aforesaid direction, this petition is ordered. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 TO 1.The Superintendent of Police, Trichy District, Trichy. 2.The Deputy Superintendent of Police, Kambarasampettai (Manachanallur Range), Trichy District. 3.The Inspector of Police, Pulivalam Police Station, Trichy. 4.The Deputy Superintendent of Police, C.B.C.I.D., Trichy District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.N.Anandakumar, Advocate, Sr.No.43714 Crl.O.P.(MD) No.15884 of 2011 13.12.2011 arul SMA/29.12.2011/7C/3P https://hcservices.ecourts.gov.in/hcservices/