M.Stanislaus v. The Director General Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3410 OF 2022 M.Stanislaus, S/o.Mariyadoss ... Petitioner Vs

1. The Director General of Police, DGP Office, Beach Road, Chennai - 04.

2. The Superintendent of Police, District Superintendent Office, Chengalpattu District.

3. The Deputy Superintendent of Police, Deputy Superintendent Office, Mamalapuram Division, Chengalpattu District.

4. The Inspector of Police, E8, Kelambakkam Police Station, Chengalpattu.

... Respondents PRAYER:

This Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation in Crime No.69 of 2021 pending on the file of the fourth respondent to any other investigation agency by appreciating the above stated facts and circumstances.

For Petitioner : Mr.K.Anbuselvan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, to transfer the investigation in Crime No.69 of 2021 pending on the file of the fourth respondent to any other investigation agency by appreciating the above stated facts and circumstances.

2. The case of the petitioner is that on 23.02.2021 at 20.00 hrs, while his son was returning home in a Honda Dio two wheeler bearing Registration No.TN-06-Q-2500, he was hit by a unknown vehicle and thereafter the petitioner's son was taken to Kelambakkam Chettinadu Hospital.

3. On the complaint given by the petitioner on the next day i.e., on 24.02.2021, a case in Crime No.69 of 2021 was registered by the fourth respondent for the offences under Sections 279 & 337 of IPC against the driver of the unknown vehicle. The petitioner's son succumbed to the injuries on 25.02.2021 and thereafter, the case in Crime No.69 of 2021 has been altered to one under Sections 279 and 304A of IPC against the driver of the unknown vehicle.

4. Since the respondents have not conducted the investigation in a proper manner, the present petition has been filed seeking to transfer the investigation from the file of the fourth respondent to some other investigating agency.

5. Per contra, the learned Additional Public Prosecutor for the respondents would submit that the said occurrence had happened in night hours and it is an unknown vehicle, the fourth respondent had inquired the persons near the place of occurrence and had retrieved the footages from the CCTV cameras around the scene of occurrence and that they are taking steps to fix the vehicle. He would also submit that the fourth respondent has also got specific clues and is proceeding with the further investigation in a proper manner.

6. Considering the facts and the submission made by the learned Additional public prosecutor, this Court directs the respondent police to complete the further investigation and file a final report as expeditiously as possible, preferably, within a period of four months from today.

7. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/arb To

1. The Director General of Police, DGP Office, Beach Road, Chennai - 04.

2. The Superintendent of Police, District Superintendent Office, Chengalpattu District.

3. The Deputy Superintendent of Police, Deputy Superintendent Office, Mamalapuram Division, Chengalpattu District.

4. The Inspector of Police, E8, Kelambakkam Police Station, Chengalpattu.

5. The Public Prosecutor, High Court of Madras.

Copy To The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.K.Anbuselvan, Advocate, S.R.No.10168 Crl.O.P.No.3410 of 2022 GPL(CO) PM/15/03/2022