Thilagavathy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.13763 of 2016 Thilagavathy

...Petitioner/1st Informant

Vs.

The Inspector of Police, Padalur Police Station, Perambalur District.

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to issue direction to transfer the investigation pending on the file of the Inspector of Police, Padalur Police Station, Perambalur District in Crime No.423 of 2015 to some other Police Station or by some other Officer not less than the rank of the Deputy Superintendent of Police to investigate and file the final report. For Petitioner : Mr.K.R.Ramesh Kumar For Respondents : Mr. C.Raghavan Government Advocate

ORDER

This petition has been filed seeking for direction to transfer the investigation pending in Crime No.423 of 2015 on the file of the respondent police.

2. The husband of the petitioner was driving a two-wheeler and when his vehicle was passing near Alathur bus stop, a lorry had hit the vehicle from behind and the petitioner's husband died on the spot. This incident was witnessed by some of the villagers and immediately, they rushed to the next Toll-plaza and the vehicle is said to have been identified as a lorry bearing Registration No.TN-28 AR 2700. This vehicle was brought to the police station and was detained in the police station. In the mean time, an FIR was also registered in Crime No.423 of 2015 for the offences under Section 279 and 304(A) of IPC.

3. The grievance of the petitioner is that inspite of the offending vehicle being identified and brought before the police station, due to some political influence the vehicle was let off of and the investigation is kept pending by treating the complaint as a hit and run case. Therefore, the present petition has been filed before this Court seeking for transfer of investigation on the ground that the respondent police is not https://hcservices.ecourts.gov.in/hcservices/

conducting a fair investigation in this case.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondent.

5. Taking into consideration, the facts and circumstances of the case, this Court is of the considered view that the case requires to be investigated by an higher authority more particularly, due to the fact that the FIR was registered in the year 2015 and it is being kept pending till date and even the offending vehicle which was caught hold of by the villagers was let off. Inspite of the respondent police being informed the registration number of the offending vehicle, it is surprising that the case is kept pending without any progress. This Court, therefore deems it fit to transfer the investigation.

6. The respondent police is directed to hand over the entire case diary to the Deputy Superintendent of Police, Perambalur within a period of two weeks from the date of receipt of copy of this order. The Deputy Superintendent of Police, Permbalur shall take up the investigation immediately and shall proceed against the accused persons in accordance with law and shall complete the investigation as expeditiously as possible.

7. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar uma To

1. The Deputy Superintendent of Police, Perambalur.

2. The Inspector of Police, Padalur Police Station, Perambalur District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.R.Rameshkumar, Advocate, S.R.No.54576 CRL.O.P No.14430 of 2016 RV(CO) RRS(06/08/2019) https://hcservices.ecourts.gov.in/hcservices/