R. Natarajan v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN R.Natarajan ....

Petitioner Vs 1.The Superintendent of Police, Chengalpet District, Chengalpet.

2.The Inspector of Police, G6 Chithamur Police Station, (Crime No.160 of 2022) 3.The Superintendent of Police, Crime Branch CID ....

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Code of Civil Procedure, to transfer the investigation pending on the file of the second respondent police in Crime No.160 of 2022 to the third respondent.

For Petitioner : Mr.A.M.Venkata Krishnan For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

ORDER

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This Criminal Original Petition has been filed seeking transfer of the investigation in Crime No.160 of 2022 from the file of the second respondent police to any other investigating agency.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner's son, while riding his two wheeler bearing Registration No.PU 05 VA 7977 from Chithamur to Seyyur, met with an accident. An unknown lorry, driven by his driver, hit the motorcycle. As a result, the rider of the two wheeler, viz., the petitioner's son, sustained grievous injuries, was admitted in the hospital and he succumbed to the injuries.

4. Based on the complaint, the second respondent registered an FIR in Crime No.160 of 2022 initially for the offences under Sections 279 and 337 of IPC, which was later altered to Section 304-A of IPC. However, no vehicle has been identified for causing the accident. Even after verifying the CCTV footages, there is absolutely no proof to trace the offending vehicle. Therefore, transferring the investigation to another 2/4

other agency would not serve any purpose, since the incident occurred during the early hours around 2.00 a.m.

5. In view of the above, the transfer of investigation in Crime No.160 of 2022 from the file of the second respondent to any other investigating agency cannot be considered. Accordingly, this Criminal Original Petition stands dismissed. However, the second respondent is directed to complete the investigation and file a final report as expeditiously as possible.

04.02.2025 Lpp Index:Yes/No Internet:Yes/No To 1.The Superintendent of Police, Chengalpet District, Chengalpet.

2.The Inspector of Police, G6 Chithamur Police Station, (Crime No.160 of 2022) G.K.ILANTHIRAIYAN,J.

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3.The Superintendent of Police, Crime Branch CID

4. The Public Prosecutor, High Court, Madras.

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