Manickasundaram v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022 C O R A M THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.OP.No.2848 of 2022 Manickasundaram S/o.Paramasivam

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Modakurichi Police Station, Erode District.

... Respondents (Crime No.275/2021) Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of Crime No.275 of 2021 to some other competent authority under the jurisdiction of the first respondent.

For Petitioner : Mr.C.S.Saravanan For Respondents: Mr.V.Meganathan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to transfer the investigation of Crime No.275 of 2021, pending on the file of the first respondent to some other competent authority under the jurisdiction of the first respondent.

2.The case of the petitioner is that his son committed suicide on 22.10.2021. The suspicion of the petitioner is that the suicide was abetted by the wife and mother-in-law of the petitioner's son and he had also given a complaint before the second respondent on 22.10.2021. The second respondent has registered the case in Crime No.275 of 2021 under Section 174 Cr.P.C and thereafter there is no progress in the case. 3.The learned Government Advocate (Crl.Side) appearing for the respondents would submit that the deceased has left the suicide note in which he has made allegations against his wife https://hcservices.ecourts.gov.in/hcservices/

and mother-in-law and the investigation is being done with regard to the genuineness of the suicide note. He would further submit that the investigation is done in a fair manner and based on further materials the F.I.R will be suitably altered. 4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents. 5.The submission made by the learned Government Advocate is taken on record.

6.In view of the above, this Court is of the opinion that instead of transferring the case to some other Officer, it would be appropriate to direct the Deputy Superintendent of Police, Erode - first respondent to monitor the investigation. The second respondent shall complete the investigation and file the final report as expeditiously as possible within a period of three months from the date of receipt of a copy of this order and the first respondent shall monitor the investigation. 7.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rst To:

1.The Deputy Superintendent of Police, Erode District, Erode.

2.The Inspector of Police, Modakurichi Police Station, Erode District.

3.The Public Prosecutor, Madras High Court CRL.OP.No.2848 of 2022 SRII(CO) SP(22/02/2022) https://hcservices.ecourts.gov.in/hcservices/