Venkatalakshmiamma v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.03.2022 Coram::

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Original Petition No.2470 of 2019 Venkatalakshmiamma, W/o.Manjanathan @ Manjappan, ... Petitioner /versus/

1. The Superintendent of Police, Krishnagiri District, Krishnagiri.

2. The Inspector of Police, Bagalur Police Station, Krishnagiri District.

(Crime No.358 of 2018) ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, 1973, pleased to pass an order of Direction, directing the first respondent to transfer the investigation in Crime No.358 of 2018 on the file of 2nd respondent to CBCID, Krishnagiri.

For Petitioner : No appearance For Respondents: Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

This Petition is filed to direct the 1st respondent to transfer the investigation in Crime No.358 of 2018 on the file of the 2nd respondent to CBCID, Krishnagiri.

2. The apprehension of the petitioner herein is that, the petitioner herein has filed the present petition for transfer of investigation from 2nd respondent to CBCID, Krishnagiri. Several serious allegations has been made in this petition, as if, the victim being a dalith, the person concern are trying to suffocate the investigation. However, the status report filed by the Inspector of Police indicates that, after registration of the case, they have gone to the seen of occurrence and prepared observation mahazar, sketch and examined https://hcservices.ecourts.gov.in/hcservices/

witnesses. Post mortem doctor was examined and statement recorded. The cause for death has been ascertained as Diffuse Cerebral Edema. In the course of investigation, when notice was served to the defacto complainant to produce the vehicle involved in the incident, there was no one response and he has not produced the vehicle. Till date, the vehicle not been produced for getting motor vehicle's report. As soon as the vehicle is produced, same will be subjected to motor's vehicle inspection and on getting the motor vehicle report, final report will be filed.

3. Considering the status report, this Court is of the view that though the petitioner may have some doubt in the investigation, her non cooperation has now put a stallment to the investigation and in such circumstances, change of investigation is of no avail. Hence, this Criminal Original Petition is dismissed. The respondent police is directed to ensure the investigation gets completed as early as possible and final report file in this case without any delay. Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar bsm To:-

1. The The Superintendent of Police, Krishnagiri District, Krishnagiri.

2. The Inspector of Police, Bagalur Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2470 of 2019 PMK(CO) GMY(29/03/2022) https://hcservices.ecourts.gov.in/hcservices/