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2016 DIGILAW 719 (MAD)

Vasantha v. Superintendent of Police

2016-02-23

P.N.PRAKASH

body2016
ORDER : This petition has been filed to transfer the investigation in Cr. No.685 of 2014 from 4th respondent to 3rd respondent or any other independent/impartial/investigating agency and file a final report within the stipulated period which this Honourable Court. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side). 3. It is seen that Mr. Rajasekar, Inspector of Police, Sivakasi East Police Station, Virudhunagar District has filed a status report in which he has narrated the steps that have been taken by him in the investigation of the case in Crime No.685 of 2014. In Paragraph No.3 of the status report, he has stated as follows: “3. It is further submitted that the formerly Inspector Thiru Srinivasan took up investigation, visited S.O.C. and prepare the Rough Sketch and Observation mahazar. Then interrogated the witnesses namely (1) Thirumathi Vasantha (2) Thirumuthukrishnan (3) Thiru Karthick (4) Thirumanikandan (5) Thiru Srinivasan, S.S.I. (6) Thiru Gurusamy (7) Thirumuthukumar (8) Thiru Ramesh (9) Thiru Thennarasu (10) Thiru G.Jeyakumar (11) Thirumuneeswaran and recorded their statements under Section 161(3) Cr.P.C. During the period of investigation the unnamed accused No.4 Ramkumar was also identified and concluded that the offences committed by the accused are true. Hence, search of accused in various places likely the surrounding areas at Sivakasi, Srivilliputtur, Sattur and Virudhunagar was done. In the meantime, the accused No.1, Kumaresan and accused No. 2 Vijyan filed Anticipatory bail petition before the Honourable Principal and District Sessions Court, Virudhunagar District at Srivilliputtur vide Cr.M.P.No.7139/2014 and obtained order of condition bail on 16.12.2014. The other 2 accused's are still now absconding in this case. Now, the case is under investigation for want of some more witnesses likely bank officials and etc., to be examined and relevant documents likely the original cheques and other material evidences are to be collected. Hence, some more time is require to complete the investigation in this case.” 4. Taking into consideration the fact that one of the accused is an Advocate, this Court is of the view that it will be in the interest of justice, if the case in Crime No.685 of 2014 is directed to be monitored by the Deputy Superintendent of Police, Sivakasi Sub-Division. 5. Taking into consideration the fact that one of the accused is an Advocate, this Court is of the view that it will be in the interest of justice, if the case in Crime No.685 of 2014 is directed to be monitored by the Deputy Superintendent of Police, Sivakasi Sub-Division. 5. Accordingly, the Deputy Superintendent of Police, Sivakasi Sub-Division is directed to monitor the investigation in Crime No.685 of 2014 and the respondent police is directed to expedite the investigation and file a final report in accordance with law. With the above direction, this Criminal Original Petition is disposed of.