Rasu v. Superintendent of Police, Ramanathapuram District, Ramanathapuram
2014-11-05
P.DEVADASS
body2014
DigiLaw.ai
JUDGMENT P. DEVADASS, J. 1. Rasu, the defacto complainant in Crime No. 10 of 2011, dissatisfied with progress not being made in this case, seeks change of investigation agency. 2. The said Rasu had eternal enemies viz. Vellaichamy and his supporters. There was long standing feud between them with regard to the property in S. No. 162/55 situate in Thenoor, Udaiyar Kudiyiruppu in Ramanathapuram District. 3. Earlier, in O.S. No. 54 of 2010, Rasu sought for protection from the Civil Court. Vellaichamy and his supporters, who were defendants have remained absent. They were set ex-parte and ex-parte decree was passed. Even then, interference of Vellaichamy and others in the possession of said Rasu continued. 4. In this back drop of the matter, on 12.01.2011, Vellaichamy and his supporters have cut and thrown away the fence and also indulged in certain highhandedness. Rasu complained to second respondent. A case in Crime No. 10 of 2011 has been registered. But, the 2nd respondent sat over the complaint. However, with regard to the counter case filed by Vellaichamy and others registered in Crime No. 9 of 2011, there was progress and final report also has been filed as against Rasu also. 5. In the circumstances, Rasu filed Crl. O.P. (MD) No. 4945 of 2011. On 14.06.2011, this Court directed speedy investigation in Crime No. 10 of 2011 and completion of it within 8 weeks. 8 weeks gone, so many months gone. But nothing significant has been done in this case. Under the circumstances, Rasu wants change of investigation agency. 6. I have heard the learned Government Advocate (Criminal side). 7. According to the learned counsel for the petitioner, still the second respondent is defiant in this case, since as on date, investigation has not been completed. 8. In the circumstances, the 1st respondent, namely, the Superintendent of Police, Ramanathapuram District at Ramanathapuram will oversee the investigation in Crime No. 10 of 2011 being done by the 2nd respondent. The second respondent will also submit his progress of investigation to the Sub-Divisional Officer/Deputy Superintendent of Police, Thiruvadanai. In any case, the investigation of this old case shall be completed within two months from the date of receipt of a copy of this order. It is needless to say that if investigation is not completed within such time, the petitioner will recourse to Contempt action as against the erring police officials.
In any case, the investigation of this old case shall be completed within two months from the date of receipt of a copy of this order. It is needless to say that if investigation is not completed within such time, the petitioner will recourse to Contempt action as against the erring police officials. Further, the learned Judicial Magistrate, Thiruvadanai, with whom the F.I.R. is pending shall also demand early completion of the investigation in this F.I.R. of the year 2011. 9. With the above direction, this Criminal Original Petition is disposed of.