1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16105 of 2011 R.Villialwar ... Petitioner Vs. 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District. 3.The Inspector of Police, CBCID, Virudhunagar Town & District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to withdraw the complaint in Crime No.553 of 2008 from the file of the second respondent and to transfer the investigation to the file of the Inspector of Police, CBCID, the third respondent herein or to any other agency other than the second respondent police. For Petitioner :Mr.M.Thirunavukarasu For Respondents :Mr.P.Kannithevan, Govt. Advocate (Crl.Side) O R D E R This petition has been filed to direct the first respondent to withdraw the complaint in Crime No.553 of 2008 from the file of the second respondent and to transfer the investigation to the file of the Inspector of Police, CBCID, the third respondent herein or to any other agency other than the second respondent police. 2.Heard Mr.M.Thirunavukarasu , the learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate(Criminal Side)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.553 of 2008 before the second respondent police and it is being investigated in a lethargic manner and they are not interested in doing further investigation effectively. He further submits that the second respondent police is trying to file final report without showing recovery. Hence, he has come forward with the present application. 4.The learned Government Advocate (criminal side) would submit in his argument that the investigation is being carried on by the 2nd https://hcservices.ecourts.gov.in/hcservices/ 2 respondent police in a fair manner and without any partiality and they are ready to instruct the 1st 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.533 of 2008 and it is being investigated by the second respondent police, however, the petitioner has lost faith with the investigation of the second respondent. 6.Considering the submissions of the learned Government Advocate (Criminal Side), I could see that the investigation is offing and if for any reason, the investigation is transferred from 2nd respondent to the 3rd respondent, there is a possibility of delay. No doubt that the 3rd respondent is also coming under the supervision of the 1st respondent in the district and therefore I am not inclined to order the transfer of the said investigation to the 3rd respondent. But, at the same time, the rights of the petitioner has to be protected. 7.In such circumstances, I am satisfied to 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 and confidence of the petitioner and to complete the investigation and to file a final report 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 TO 1.The Superintendent of Police, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District. 3.The Inspector of Police, CBCID, Virudhunagar Town & District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.M.THIRUNAVUKARASU, ADVOCATE SR : 43974 Gsr SR : 28.12.2011 : 2p/6c Crl.O.P.(MD) No.16105 of 2011 15.12.2011 https://hcservices.ecourts.gov.in/hcservices/