S.Vaithegi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.1646 of 2024 S.Vaithegi ... Petitioner Vs.

The State Rep.by its, The Inspector of Police, M-7, Manali New Town Police Station, Avadi Police Commissionerate. ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to transfer the case in Cr.No.375 of 2023 pending investigation on the file of the respondent police to any other competent investigation agency such as CBI or CBCID. For Petitioner : Mr.G.Prabhakaran For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The petitioner herein is the wife of the deceased Suman who was murdered due to political rivalry.

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2. The respondent police has registered a case in Cr.No.375 of 2023. During the course of investigation, apprehending that the prime accused Shankar had not been properly roped in this case, the present petition is filed for change of investigation.

3. The learned Government Advocate (Crl.Side) submits that investigation been completed and final report filed on 20.04.2024 before the Judicial Magistrate Court, Ponneri under Sections 120b, r/w 147, 148, 341, 302, 506(ii) r/w 149 of IPC against nine accused and Shankar is the first accused. He further states that investigation has revealed that the said Shankar had organized the crime and executed the murder with the help of the other accused. Therefore, there is no reason to suspect the credential of the Investigating Officer.

4. This Court finds that the reasons stated for transfer of investigation is not found to be correct, particularly having filed a final report after completion and made the prime accused Shankar as first accused. This Court therefore finds that there is no reason to entertain this petition. Hence, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed. Vv 23.04.2024 2/4

1. The Inspector of Police, M-7, Manali New Town Police Station, Avadi Police Commissionerate.

2. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

Vv and Crl.MP.No.1646 of 2024 23.04.2024 4/4