A.Muthaiyan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.11566 of 2016 A.Muthaiyan

...Petitioner

Vs.

1.The Superintendent of Police, Villupuram.

2.The Deputy Superintendent of Police, Kallakurichi, Villupuram District.

3.The Inspector of Police, Thyagadurgam Police Station, Crime No.249 of 2015.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to transfer the investigation with respect of the Crime No.249 of 2015 pending on the file of the 2nd respondent to any other investigating agency and directed to proceed with investigation.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.249 of 2015 pending on the file of the 2nd respondent to any other investigating agency and to proceed with the investigation.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. Pursuant to the suicide committed by Kavitha, on a complainant lodged by the petitioner, the respondent-Police initially registered a case in Crime No.249 of 2015 under Section 174 (iii) Cr.P.C., and investigation was in progress. The petitioner has now approached this Court for transfer of investigation to any other agency, on allegation that the investigation under proceed is in tardy manner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submitted that the case in Crime No.249 of 2015 has been altered to Section 498(A), 304(b) IPC., and Section 4 and 5 of Dowry Prohibition Act and the accused has been arrested and that he is on bail.

5. Under such circumstances, this Court is of the view that, it is not a fit case to transfer to any other agency and it would suffice if Inspector of Police, expeditiously conducts the investigation and files a final report before the jurisdictional Court as early as possible.

6. In view of the above, this Criminal Original Petition is closed.

ds s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To:

1.The Superintendent of Police, Villupuram.

2.The Deputy Superintendent of Police, Kallakurichi, Villupuram District.

3.The Inspector of Police, Thyagadurgam Police Station, Crime No.249 of 2015.

4. The Public Prosecutor, High court, Madras.

rk(co) prk23/6 Crl.O.P.No.11566 of 2016 https://hcservices.ecourts.gov.in/hcservices/