The Court rejected the petitioner's prayer to transfer a 2014 investigation to C.B.C.I.D. due to a four-year lapse, directing the Sub-Inspector of Police instead to complete the investigation and file a final report within four weeks.
Directed 3rd respondent to complete investigation and file final report within four weeks; petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:20.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.10576 of 2015
R.Selvam ..Petitioner
Vs.
1.The Superintendent of Police Krishnagiri District Krishnagiri
2.The Inspector of Police Bargur Police Station Krishnatiri District
3.The Sub-Inspector of Police Bargur Police Station Krishnatiri District. ...Respondents
PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.538 of 2014 on the file of the 3rd respondent herein to any other investigating agency specifically to C.B.C.I.D.
For Petitioner : Mr.G.Karthikeyan
For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed by the petitioner to transfer the investigation in Crime No.538 of 2014 on the file of the 3rd respondent herein to any other investigating agency specifically to C.B.C.I.D.
2.The petitioner seeks direction of this Court to withdraw the Crime No.538/14 pending on the file of the 3rd respondent namely the Sub-Inspector of Police, Bargur Police Station, Krishnagiri District and transfer the investigation to CBCID. The crime is of the year 2014, now, almost 4 years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be considered now.
3.Considering the long pendency of the case, the 3rd respondent is hereby directed to complete the investigation in Crime No.538 of 2014 and file a final report within a period of four weeks from the date of receipt of copy of this Order, before the jurisdictional Magistrate, if not already filed.
4.With the above direction, this Criminal Original Petition stands disposed of.
Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
kas
To.
1.The Superintendent of Police
Krishnagiri District
Krishnagiri
2.The Inspector of Police
Bargur Police Station
Krishnatiri District
3.The Sub-Inspector of Police
Bargur Police Station
Krishnatiri District
4.The Public Prosecutor
High Court of Madras
+1cc to Mr.G.Karthikeyan, Advocate, S.R.No.26936
Crl.O.P.No.10576 of 2015
VBA(CO)
RRS(30/04/2019)
2 issues framed by the court
Whether the prayer to transfer investigation to C.B.C.I.D. can be considered after a lapse of four years.
How to direct completion of investigation in a case having long pendency.
1 provisions across 1 enactments
R.Selvam
The Superintendent of Police Krishnagiri District
The Inspector of Police Bargur Police Station
The Sub-Inspector of Police Bargur Police Station
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
