D. Panneerselvam, Age. 75 Yrs. v. State Rep. By The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15144 of 2016 1.D.Panneerselvam 2.P.Rubavathi ... Petitioners Vs.

1.State rep.by The Commissioner of Police, Greater City of Chennai, Vepery, Chennai-600 007.

2.The Asst.Commissioner of Police, Adyar Range, (Near Adyar Depot) Adyar, Chennai-600 020.

3.The Inspector of Police, J2, Police Station, (Traffic) Beasant Nagar, Chennai 600 090.

4.State rep. By The Inspector of Police, Neelankarai Police Station, Neelankarai, Chennai-600 115.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent's police to initiate further investigation or to handover the entire case papers to the C.B.I. or any other independent agency for the investigation of the Crime No.719 of 2015 on the file of the 3rd respondent police.

For Petitioner : Mr.G.Poonkundran For Respondents :

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondents police to initiate further investigation or to handover the entire case papers to the C.B.I. or any other independent agency for the investigation of the Crime No.719 of 2015 on the file of the 3rd respondent police.

2.The petitioners daughter and grand daughters met with an accident and they all drown into a pond and died. A case was registered in Crime No.719 of 2015 in this regard. However, suspecting the death of their daughter and grand daughters, the petitioners have filed a petition in Crl.O.P.No.7799 of 2016, before this Court seeking direction to file a fresh complaint on the basis of his complaint and the same was dismissed observing that two F.I.R's cannot be filed on the same occurrence. Since the investigation has not been completed by the respondent police, the petitioners have filed the present petition with the aforesaid prayer.

3.Heard both sides.

4.The learned Additional Public Prosecutor submitted that investigation is still pending.

5.Considering the facts and circumstances of the case, at this stage, the prayer sought for by the petitioner cannot be considered now. However, the respondent Police is directed to complete the investigation and to file a final report within a period of four months from the date of receipt of copy of this order.

6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(Insp.cell ) //True copy// Sub Assistant Registrar rm To 1.The Commissioner of Police, Greater City of Chennai, Vepery, Chennai-600 007.

2.The Asst.Commissioner of Police, Adyar Range, (Near Adyar Depot) Adyar, Chennai-600 020.

3.The Inspector of Police, J2, Police Station, (Traffic) Beasant Nagar, Chennai 600 090.

4.The Inspector of Police, Neelankarai Police Station, Neelankarai, Chennai-600 115.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15144 of 2016 PPA(CO) GMY(30/05/2019)