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Madras High Court · body

2015 DIGILAW 3457 (MAD)

M. v. S. Rajendranath VS Superintendent of Police

2015-10-16

R.MALA

body2015
ORDER : The petitioner has come forward with this petition seeking a direction, to the second respondent to secure the accused and to direct the first respondent to monitor the investigation in case in Crime No.243 of 2013 which is pending on the file of the second respondent stating that on the basis of the complaint given by him a case was registered in Crime No.243 of 2013 for the offence under Section 409 IPC on 10.12.2013, but no steps have been taken for investigation. Hence, the petitioner is before this Court. 2. The respondent filed a detailed counter stating that after registration of the case, they have examined witnesses. Now they arrested A2 and A3, A1 was already enlarged on anticipatory bail and subsequently, it was cancelled. Hence, he would submit that the investigation is going on in a right direction. He further stated that the petitioner also involved in several cases. Hence, he prays for dismissal of the petition. 3. Considering the rival submissions and on perusal of the typed set of papers, it appears that the case has been registered on 10.12.2013 for the offence under Section 409 IPC against three named persons. Admittedly, on 15.10.2015 only, A1 and A2 were arrested and even though A1 was enlarged on anticipatory bail subsequently the same was cancelled. However, the respondents have not shown any interest to secure him and remanded to judicial custody, so, the apprehension of the petitioner is reasonable. So, it is a fit case for a direction to the first respondent to nominate any one of the Inspector of police under his control to investigate the matter. 4. Hence, the first respondent namely the Superintendent of Police, Tirunelveli District, is directed to nominate to any one of the Inspector of police under his control to investigate the matter and file a final report within a period of three months from the date of receipt of a copy of this order. 5. The Criminal Original Petition is disposed of with the above direction.