G.Manoharan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2019

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.21940 of 2013 G.Manoharan ... Petitioner

Versus

1.State Rep. by, The Inspector of Police, T-1 Ambattur Police Station, Ambattur, Chennai.

2.The Superintendent of Police, CBCID, Chennai.

3.G.Rajasekaran ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue direction transferring the case pending before the Ambattur Police Station in Crime No.2211 of 2012 to the 2nd respondent and also direct the 2nd respondent to proceed with investigation according to law and to file final report. For Petitioner :

No appearance For Respondents:

M/s.S.Thankira Government Advocate [Crl. Side] for R1 to R2 ******

ORDER

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.2211 of 2012.

2.The grievance of the petitioner is that the petitioner's mother one Pavunammal had contacted the petitioner that she was illegally confined by the 3rd respondent and his wife and further she was beaten by them and met her to starve for four days. Due to which the petitioner lodged a complaint before the 1st respondent and the same was registered in Crime No.2211 of 2012.

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3.Thereafter, she was admitted in Appasamy hospital on 26.10.2012. On 29.10.2012, the Sub-Inspector of Police one Mahalakshmi, who is attached to the 1st respondent Police came to the hospital and threatened the petitioner to withdraw his complaint and thereafter, on 01.11.2012, the petitioner's mother was died.

4.Admittedly, the case has been registered in Crime No.2211 of 2012, for the offence under Sections 342, 323 of IPC, but as on date the 1st respondent did not alter the F.I.R on the death of petitioner's mother. Therefore, the petitioner has filed this petitioner seeking for transfer of investigation.

5.The learned Government Advocate [Crl. Side] appearing on behalf of the respondent Police would submit that on completion of investigation, the 1st respondent had filed a Final report dated 28.03.2013 stating that the case has been closed as "Action dropped". 6.In view of the same, nothing survives for adjudication in the above said Criminal Original Petition and hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar vv2 To 1.The Inspector of Police, T-1 Ambattur Police Station, Ambattur, Chennai.

2.The Superintendent of Police, CBCID, Chennai.

3.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.21940 of 2013 A.SK(26/07/2019) https://hcservices.ecourts.gov.in/hcservices/