IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P. No.631 of 2017 N.K.Vanan ... Petitioner Vs
1. State by Inspector of Police, District Crime Branch, Thiruvarur District.
2. State by The Superintendent of Police, District Crime Branch, Thiruvarur District.
3. State by Deputy Superintendent of Police, District Crime Branch, Thiruvarur District. ... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation pending on the file of the Inspector of Police, District Crime Branch, Thiruvarur District in Crime No.7 of 2014 to the file of the 2nd respondent viz., the Superintendent of Police, District Crime Branch, Thiruvarur District (or) 3rd respondent viz., the Deputy Superintendent of Police, District Crime Branch, Thiruvarur District.
For Petitioner : Mr.P.V.Sudhakar For Respondents : Mr.C.Emalias, APP ORDER This Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.7 of 2014 from the file of the first respondent to the file of the second respondent or the third respondent.
2. The case of the petitioner is that he has lodged a complaint on 22.05.2014, alleging that the property belonging to him and his family members was sold on the strength of a forged Will. The said complaint was registered as FIR in Crime No.7 of 2014 on the file of the first respondent, for the offences under Sections 465, 467, 468, 471 and 420 IPC against one Meenakshi and others. After registration of the case, there was no progress, which compelled the petitioner to make several requests. Despite the same, no action was taken by the respondents. Hence, he has filed a petition in Crl.OP.No.28812 of 2015, which was, by order dated 01.12.2015, disposed of by directing the first respondent herein, to complete the investigation as early as possible and file the final report before the concerned Court without any delay. Even thereafter, investigation was not completed and final report was not filed. Therefore, he has come up with the present petition for the above stated relief.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor, who took notice for the respondents.
4. This Court is of the view that the inordinate delay in completing the investigation on the part of the respondents cannot be countenanced. However, in order to give quietus to the issue involved herein, this Court directs the petitioner to submit a copy of the complaint enclosing a copy of the forged will along with a copy of this order before the third respondent, Deputy Superintendent of Police, District Crime Branch, Thiruvarur District, within a period of two weeks from the date of receipt of a copy of this order. On such submission, the third respondent is directed to complete the investigation and file the final report in accordance with law, within a period of twelve weeks thereafter.
5. With the above directions, this Criminal Original Petition is disposed of.
22.02.2017 rk R.MAHADEVAN, J.
rk To
1. Inspector of Police, District Crime Branch, Thiruvarur District.
2. The Superintendent of Police, District Crime Branch, Thiruvarur District.
3. Deputy Superintendent of Police, District Crime Branch, Thiruvarur District.
4. The Public Prosecutor, High Court, Madras – 104.
Crl.OP No.631 of 2017 DATED: 22.02.2017 http://www.judis.nic.in