1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16600 of 2011 V.Irulappan :Petitioner -Vs- 1.The State represented by The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Deputy Superintendent of Police, Thalaiyuthu Sub Division, Tirunelveli District. 3.The Inspector of Police, Maanoor Police Station, Tirunelveli District, Crime No.199 of 2010 4.The Inspector of Police, C.B.C.I.D. Wing, Tirunelveli District. :Respondents PRAYER:This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in crime No.199 of 2010 from the file of the 3rd respondent to the file of the 4th respondent and consequently direct the 4th respondent to conduct proper investigation in an expeditious manner and to file the final report within the stipulated period as prescribed by this Court. For Petitioner :Mr.G.Parimalam For Respondents:Mr.P.Kannithevan,Govt. Advocate (Crl. Side) ORDER This petition has been filed to pass a direction to transfer the investigation in crime No.199 of 2010 from the file of the 3rd respondent to the file of the 4th respondent and consequently direct the 4th respondent to conduct proper investigation in an expeditious manner and to file the final report within the stipulated period as prescribed by this Court. 2.Heard Mr.G.Parimalam, 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.199 of 2010 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 case has been registered as early as on 31.07.2010, neither the accused persons have been arrested nor the stolen jewels have been recovered by the 3rd respondent police and hence, let it to be transferred to the file of the 4th respondent https://hcservices.ecourts.gov.in/hcservices/ 2 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.199 of 2010 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 the 3rd respondent to the 4th respondent, there is a possibility of delay and the 4th respondent is also coming 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 and file the charge sheet within a period of four weeks from the date of receipt of a copy of this order. 8.With the aforesaid direction, this petition is ordered. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar TO: 1.The Superintendent of Police,Tirunelveli District,Tirunelveli. 2.The Deputy Superintendent of Police, Thalaiyuthu Sub Division, Tirunelveli District. 3.The Inspector of Police,Maanoor Police Station, Tirunelveli Dt. 4.The Inspector of Police,C.B.C.I.D. Wing,Tirunelveli District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul RP/28.12.2011/2P/6C. Crl.O.P.(MD) No.16600 of 2011 21.12.2011 https://hcservices.ecourts.gov.in/hcservices/