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.16266 of 2011 and M.P.(MD) No.1 of 2011 P.Karthika ... Petitioner Vs. 1.State through The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District. 2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District. 3.The Inspector of Police, All Woman Police Station, Sivagangai, Sivagangai District Crime No.13 of 2011 ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent No.1 to withdraw the case in crime No.13 of 2011 pending on the file of the respondent No.3 and entrust the same to the respondent No.2 for fair investigation and to file the final report within the time frame fixed by this Court. For Petitioner : Mr.P.Chinna Karuppan For Respondents : Mr.P.Kannithevan, Govt. Advocate (Crl. Side) O R D E R This petition has been filed to direct the respondent No.1, to withdraw the case in crime No.13 of 2011, pending on the file of the respondent No.3 and entrust the same to the respondent No.2, for fair investigation and to file the final report within the time frame fixed by this Court. 2.Heard Mr.P.Chinna Karuppan, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned counsel appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 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.13 of 2011 before the 3rd 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 even though the offences involved in the case are serious in nature, the respondent police did not take any action to arrest the accused and hence, let it to be transferred to the file of the 2nd 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 2nd 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 2nd respondent, the Deputy 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.13 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 2nd respondent, there is a possibility of delay and it has become necessary for this Court, not to order the transfer of the said investigation to the 2nd respondent, but at the same time, the rights of the petitioner has to be protected. 7.In such circumstances, I could direct the 2nd respondent viz., the Deputy 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 as expeditiously as possible in a fair manner. 8.With the aforesaid direction, this petition is ordered. Consequently, connected miscellaneous petition is also closed. Sd/- Deputy Registrar (Accounts) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District. 2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District. 3.The Inspector of Police, All Woman Police Station, Sivagangai, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD) No.16266 of 2011 19.12.2011 arul NSV/2.1.12/3P/5C https://hcservices.ecourts.gov.in/hcservices/