The High Court dismissed a writ petition challenging the refusal to transfer an investigating officer. The court rejected the writ and directed the trial court to complete the trial within three months and imposed a ₹5,000 cost.
Petition dismissed; trial court directed to complete trial within three months; Rs. 5,000 cost payable.
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.
W.P.No.1561 of 2017
N.SATHISH KUMAR, J.
This Writ Petition has been listed today under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner.
14.10.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.1561 of 2017 and
W.M.P.No.1487 of 2017
P.Selvakumar ...
Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India to diret the first respondent to transfer investigating officer in Crime No.195 of 2013 on the file of the 2nd respondent herein to some other investigating officer and direct the new https://www.mhc.tn.gov.in/judis investigating officer to record necessary further statements and to file an additional
charge sheet before the learned III Additional District and Sessions Judge, Thiruppur in S.C.No.169 of 2014 based on the petitioners representation dated 29.12.2016.
For petitioner : Mr.S.Kumaradevan For respondents : Mr.S.Vinoth Kumar for R1 & R2 Government Side (Criminal Side) No appearance for R3 to R14
- - - - -
O R D E R
This writ petition has been filed to direct the first respondent to transfer the investigating officer in Crime No.195 of 2013, pending on the file of the 2nd respondent to some other investigating officer and direct the new investigating officer to record necessary further statements and to file an additional charge sheet before the learned III Additional District and Sessions Judge, Thiruppur in S.C.No.169 of 2014 based on the petitioner's representation dated 29.12.2016.
2015 in S.C.No.169 of 2014 on the file of the learned III Additional District and
Sessions Judge Dharapuram, seeking a direction for further investigation. The Court below has dismissed the petition and the same was also confirmed by this Court in Crl.R.C.No.1117 of 2015 dated 10/12/2015. Being aggrieved, the petitioner had filed S.L.P.No. 2387 of 2016 and the same was also dismissed. Now, the instant writ
https://www.mhc.tn.gov.in/judis petition has been filed praying for the relief as stated therein.
Mr.S.Vinoth Kumar, learned Government Advocate (Criminal Side) for the respondents 1 and 2. There is no representation on behalf of the respondents 3 to 14.
Five thousand only) payable to the Legal Aid Centre, Dharapuram. Trial Court is directed to ensure the cost amount to be paid by the accused before completion of https://www.mhc.tn.gov.in/judis trial. Trial Court is directed to complete the trial within a period of three months
from the date of receipt of a copy of
this order. No costs. Consequently, connected Miscellaneous Petition is closed.
15.11.2021
mvs.
To
N. SATHISH KUMAR,J
mvs.
W.P.No.1561 of 2017
15.11.2021
2 issues framed by the court
Whether the Writ Petition seeking transfer of the investigating officer and recording of further statements should be allowed.
Whether the trial court should be directed to complete the trial within a specific timeframe.
1 provisions across 1 enactments
P. Selvakumar
Superintendent of Police O/o the Superintendent of Police Thiruppur District
N. SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
