1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition(MD)No.16068 of 2011 Muniyammal ... Petitioner Vs. 1. The Superintendent of Police, Superintendent Office, Surveyor Colony, Madurai. 2. The Sub-Inspector of Police, Nagamalai Pudukottai Police Station, Nagamalai Pudukottai, Madurai. ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent to give suitable instruction to the second respondent to investigate the case in Crime No.325 of 2011 based on the petitioner representation dated 2/12/2011 within the period stipulated by this Court. For Petitioner :: Mr.A. Haja Mohideen For Respondents :: Mr.P.Kannithevan, GA (Criminal Side) O R D E R This petition has been filed to pass a direction to the first respondent to give suitable instruction to the second respondent to investigate the case in Crime No.325 of 2011 based on the petitioner representation, dated 2/12/2011 within the period stipulated by this Court. 2.Heard Mr.A.Haja Mohideen, 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.325 of 2011 before the second 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 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 first respondent. 4.The learned Government Advocate (criminal side) would submit in his argument that the investigation is being carried on by the second respondent police in a fair manner and without any partiality, the https://hcservices.ecourts.gov.in/hcservices/ 2 investigation is being carried on and they are ready to instruct the first respondent, the Superintendent of Police, to monitor the investigation processed under the second respondent. 5.Considering the submissions made by both sides, I could see that the case has been registered in crime No.188 of 2011 and it is being investigated by the second respondent police, however, the petitioner has lost faith with the investigation of the 1st respondent. 6.Considering the said circumstances, I could see that the investigation is offing and if for any reason, the investigation is transferred from second respondent to the first respondent, there is a possibility of delay and the second respondent is also coming under the supervision of the first respondent in the district and it has become necessary, not to order the transfer of the said investigation to the first respondent and at the same time, the rights of the petitioner has to be protected. 7.In such circumstances, I could direct the first respondent viz., the Superintendent of police, to monitor and issue suitable directions to the second 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/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To 1. The Superintendent of Police, Superintendent Office, Surveyor Colony, Madurai. 2. The Sub-Inspector of Police, Nagamalai Pudukottai Police Station, Nagamalai Pudukottai, Madurai. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Am SR : 03.01.2012 : 2p/4c Crl.O.P.(MD)No.16068 of 2011 19.12.2011 https://hcservices.ecourts.gov.in/hcservices/