Petitioner filed a C.O.P. under Section 482 CrPC alleging faulty investigation by local police due to enmity. Court held it sufficient to direct the superior police officer to monitor the investigation and file a report, disposing the petition.
Director of the Deputy Superintendent of Police to monitor the investigation and file a final report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.[MD].No.1495 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.1495 of 2020
K.Ramanathan : Petitioner
Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai. 2.The Inspector of Police, Thiruppathur Town Police Station, Thiruppathur. (Crime No.188 of 2019) : Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the first respondent to depute any other investigation agency to investigate the case in Crime No.188 of 2019, on the file of the second respondent and file a final report by this Court.
For Petitioner : Mr.B.Senthilnathan
For Respondents : Mrs.S.Bharathi Government Advocate (Crl. side)
ORDER
The Criminal Original Petition has been filed seeking to direct the first respondent to depute any other investigation agency to investigate the case in Crime No.188 of 2019, on the file of the second respondent and file a final report by this Court.
2.It is the grievance of the petitioner that the investigation in Crime No.188 of 2019, has not been done in a proper manner by the second respondent police.
3.The learned counsel for the petitioner would submit that the petitioner has got reliable information that the assault was made on the petitioner due to previous enmity. One Rajmohan and his wife Jayanthi had harassed the petitioner and his wife and thereby, he has sent a representation to the respondents stating about the involvement of the suspected persons, the respondents https://hcservices.ecourts.gov.in/hcservices/ have not conducted the investigation in a proper manner.
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Crl.O.P.[MD].No.1495 of 2020
4.The learned Government Advocate (Crl. side) for the respondents would submit that the representation of the petitioner was duly considered and the persons against whom allegations were made by the petitioner were also enquired and she would further submit that the investigation is going in a proper manner.
5.At this juncture, the learned counsel for the petitioner would submit that it would be suffice, if a direction is issued to the superior officer to monitor the investigation done by the second respondent.
6.In view of the same, the Deputy Superintendent of Police, Thiruppathur Sub Division, Sivagangai, is directed to monitor the investigation done by the second respondent and he shall also file a final report as expeditiously as possible.
7.Accordingly, the Criminal Original Petition stands disposed of.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
sji To
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Deputy Superintendent of Police, Thiruppathur Sub Division, Sivagangai
3.The Inspector of Police,
Thiruppathur Town Police Station, Thiruppathur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.B.SENTHILNATHAN., Advocate ( SR-8631[F] dated 27/02/2020 )
Crl.O.P.[MD].No.1495 of 2020 26.02.2020
https://hcservices.ecourts.gov.in/hcservices/ SM/(07.05.2020) 2P 6C
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3 issues framed by the court
Whether the District Superintendent of Police should be directed to depute another agency to investigate the case.
Whether any monitoring officer should be appointed to oversee the investigation conducted by the local police.
Whether a final report should be filed by the court-appointed monitoring officer.
1 provisions across 1 enactments
K.Ramanathan
Superintendent of Police, Sivagangai District
Inspector of Police, Thiruppathur Town Police Station
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
