BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/12/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.11981 of 2008 A.Rasal Raj ... Petitioner Vs. 1.The Director General of Police, Kamarajar Salai, Chennai. 2.The Superintendent of Police, Kanyakumari District. Nagercoil. 3.The Additional Superintendent of Police, Thackalay Sub-Division, Thackalay, Kanyakumari District. 4.The Inspector of Police, Thiruvattar Police Station, Thiruvattur ... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents herein to transfer the investigation of the case in Crime No.186 of 2008 on the file of the 4th respondent herein to some other investigation agency preferably with the Superintendent of Police, C.B.C.I.D. and to take action against the accused and to investigate the matter and further to file a final report as per the order of the learned Judicial Magistrate, Padmanabhapuram passed in C.M.P.3417 of 2008 dated 29.04.2008. !For Petitioner ... Mr.K.P.Krishnadoss ^For Respondents ... Mr.D.Sasikumar Government Advocate :ORDER
This writ petition has been filed to direct the respondents herein to
transfer the investigation of the case in Crime No.186 of 2008 on the file of
the 4th respondent herein to some other investigation agency preferably with
the Superintendent of Police, C.B.C.I.D. and to take action against the accused
and to investigate the matter and further to file a final report as per the
order of the learned Judicial Magistrate, Padmanabhapuram passed in C.M.P.3417
of 2008 dated 29.04.2008.
Heard Mr.K.P.Krishnadoss, learned counsel for the petitioner and also
Mr.D.Sasikumar, learned Government Advocate, who took notice on behalf of the
respondents.
The learned counsel for the petitioner would echo the cri de coeur of the
petitioner to the effect that the petitioner, who is an Advocate by profession,
was manhandled by the police; thereupon he by filing complaint under Section
156(3) Cr.P.C., got the First Information Report registered as against the
police officer, who indulged in such atrocities. According to the learned
counsel for the petitioner, the investigation is slovenly in nature. Hence,
this writ petition.
Heard the learned Government Advocate.
Hence, in this factual matrix, the following direction is issued:
On receipt of a copy of this order, the petitioner shall appear before the
second respondent viz., the Superintendent of Police, Kanyakumari District,
Nagercoil and thereupon the second respondent shall call for the file from the
Investigating Officer concerned and issue necessary directions for effective
investigation and fortnightly report also shall be called from him and
accordingly deal with the matter and investigation shall be completed within a
period of two months thereafter.
With the above said direction, this writ petition is disposed of. No
costs.
dp/smn
To
1.The Director General of Police,
Kamarajar Salai,
Chennai.
2.The Superintendent of Police,
Kanyakumari District.
Nagercoil.
3.The Additional Superintendent of Police,
Thackalay Sub-Division,
Thackalay,
Kanyakumari District.
4.The Inspector of Police,
Thiruvattar Police Station,
Thiruvattur.