1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2011 CORAM THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD).No.11902 of 2011 Edward ...Petitioner -Vs- 1. The State Rep. by its The Inspector of Police Bhoothapandy Police Station Bhoothapandy Kannyakumari District(Crl.MP.3712 of 2009) 2. The Superintendent of Police Kannyakumari District Nagercoil ...Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of the case in Crime No. 409 of 2009 now, pending on the file of the Bhoothapandy Police Station to any other independent investigating agency or officer to be done under the direct supervision of Superintendent of Police, Kannyakumari District at Nagercoil and further direct to complete the investigation and file final report in Crime No. 409 of 2009 within a reasonable time. *** For Petitioner : Mr.N.Dilip Kumar For Respondents : Mrs.S.Prabha Government Advocate (Crl. Side) O R D E R This petition has been filed by the petitioner seeking a direction to transfer the investigation pending on the file of the first respondent to any other independent investigating agency or officer to be done under the direct supervision of Superintendent of Police, Kannyakumari District at Nagercoil and further direct to complete the investigation and file final report in Crime No. 409 of 2009 within a reasonable time. 2. It is seen from the records that the petitioner gave a complaint on 20.08.2007, since the complaint has not been enquired into. The petitioner has approached the learned Judicial Magistrate, Boothapandy, and filed an application. A direction was issued in Crl.O.P.(MD).No. 3712 of 2009 to investigate the complaint and to file the final report. Since, no action has been taken by the second respondent. The https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner has filed another Petition in Crl.O.P.(MD).No. 7271 of 2011 before this Court. In the meanwhile, the first respondent has registered the case on 31.12.2009, in Crime No. 409 of 2009, for the alleged offence under Sections 34, 423, 465 and 471 of IPC against the four named persons. 3. It is the specific case of the petitioner that even thereafter the petitioner was not informed about the registration of FIR and the final report has not been filed by making further investigation. Therefore, the petitioner has filed this Petition seeking transfer of investigation. 4. The abovesaid facts would disclose that the petitioner has been agitating his case right from 20.08.2007 onwards and only by a direction issued under Section 156(3) of Cr.P.C., by the learned Judicial Magistrate, Boothapandy, the complaint was registered on 31.12.2009. There is nothing on record to come to the conclusion that any truthfull investigation has been done in pursuant to the registration of the complaint. Nearly 1 year and 9 months have lapsed from the registration of the complaint. Therefore, taking note of the fact that the petitioner has given a complaint on 20.08.2007 and the final report is yet to be filed. 5. Hence, this Court is inclined to direct the second respondent to transfer the investigation pending in Crime No. 409 of 2009 on the file of the first respondent to that of any other investigating agency. The said action will be taken by the second respondent as expeditiously as possible. 6. The Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(Records) /True Copy/ Sub-Assistant Registrar To 1. The Inspector of Police Bhoothapandy Police Station Bhoothapandy, Kannyakumari District 2. The Superintendent of Police Kannyakumari District, Nagercoil 3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +One Cc to M/s.N.Dilipkumar, Advocate, SR.No.32617 vsg rl/5 c- 26.9.2011 Crl.O.P.(MD).No.11902 of 2011 https://hcservices.ecourts.gov.in/hcservices/