K LAKSHMIPATHY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) IN this writ petition, the petitioner challenges the order passed by the 1st respondent / Superintendent of Police, Thoothukudi District, dated

(2.) 12.2011. 2. In the impugned order the 1st respondent has stated that the case in Cr.No.205/2011 on the file of the Kovilpatti West Police Station filed under various provisions of IPC and Indian Arms Act, has been investigated by the Inspector of Police, Kovilpatty West Police Station and he filed the charge sheet before the Judicial Magistrate No.II, Kovilpatty on 10.08.2011. Further, the offences, under which the investigation was madem, were under Section 120(b), 294(b), 406, 420, 506(ii) IPC r/w 35 IPC and 25(i)(A) of Indian Arms Act. The final report has not been taken on file by the learned Judicial Magistrate. Therefore, the Superintendent of Police (1st respondent) by the impugned order directed the Inspector of Police, District Crime Branch, Thoothukudi, to take up re-investigation of the above case with immediate effect and the Inspector of Police, Kovilpattty West Police Station was directed to handover the connected CD file of the case to the newly appointed Investigating Officer. The Deputy Superintendent of Police, Maniyachi Sub-Division, i/c Kovilpatti Sub-Division, was directed to ensure immediate handing over of CD file to the newly appointed Investigating Officer and he was further directed to guide the Investigating Officer in the investigation besides sending periodical progress report of the investigation to the Office of the Superintendent of Police.

(3.) WHEN the matter came up on 29.03.2012, this Court directed the Special Government Pleader to get instructions from the respondents and pending the writ petition, an order of interim stay of further proceedings was granted. Subsequently, the writ petition was admitted on 07.08.2012 and in the interim stay petition notice was ordered.