A Single-Judge Bench of the Madras High Court, comprising of Justice M. Nirmal Kumar in the case of Sivaraj v. The Superintendent of Police Dharmapuri District. & Ors., has observed that the Superintendent of Police (Respondent 1) will monitor the day-to-day investigation done by the Inspector of Police (Respondent 2).
Background of the Case
In this case, an FIR was lodged against the Petitioner named Sivaraj, FIR No.53/2021 dated 01.03.2021. The Petitioner claimed that the ongoing investigation was not done independently by the Respondent and demanded an impartial investigation by the police.
Therefore this Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the first respondent to monitor the investigation of the second respondent on a day to day basis for a completely fair investigation in FIR No.53/2021 dated 01.03.2021, on the file of the Inspector of Police, Morappur Police Station, Dharmapuri District.
Reasoning and Decision of the Court
The Court made a strict perusal of the FIR and placed reliance on the case of Vinod Kumar v. State of Punjab [2015 (1) MLJ (Crl) 288 SC] in which the Supreme Court laid guidelines to the effect that trial shall be conducted on a day to day basis.
Further, the Court held that:
“the first respondent to monitor the investigation of the second respondent. The second respondent is directed to complete the investigation within a period of three months from the date of receipt of a copy of this order.”
Hence, the Court disposed of the petition without imposing any cost on it.
Case Details
Case:- Crl.O.P.No.6555 of 2021
Petitioner:- Sivaraj
Respondent:- The Superintendent of Police & Ors
Counsel for Petitioner:- Mr.M.Muruganantham
Counsel for Respondent:- Mr.M.Mohamed Riyaz
Judge: Justice M. Nirmal Kumar
Read Order@LatestLaws.com
Share this Document :Picture Source :
