Prabu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.4953 OF 2022 Prabu

...Petitioner

Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Villupruam District.

2.The Inspector of Police, Vikravandi Police Station, Villupuram District.

...Respondents

PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to issue direction to transfer the investigation in Crime No.562 of 2021 pending on the file of the 2nd Respondent to CBCID or any other investigation agency.

For Petitioner :

Mr.Meera Gnanasekar For Respondent :

Mr.V.Meganathan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to issue direction to transfer the investigation in Crime No.562 of 2021 pending on the file of the 2nd Respondent to CBCID or any other investigation agency.

2.Learned counsel for the Petitioner would submit that the Petitioner's sister was married to one Thiru Gnanaselvam during the year 2009. Out of wedlock they have two children viz., female child aged 11 years and male child aged 9 years. Since the brother-in-law of the Petitioner was an alcoholic, the sister left the matrimonial house and was living with the Mother. While so, on 09.10.2021, the Petitioner along with the Mother has gone to Valavanur for 16th day obsequies of one of her relative. At the time, the brother-in-law had come and quarreled with the sister, later the Petitioner had received a phone call from his relative stating that the sister committed suicide.

When the Petitioner went there, he saw bleeding injuries in the nose of the sister and suspecting foul play, the Petitioner had given complaint to the 2nd Respondent. Based on which the case was registered under Section 174 (1) of Cr.P.C. Despite suspicion against the brother-in-law, the Respondent police have not altered the Section. There is no proper investigation, thereby the present petition has been filed.

3.Learned Government Advocate would submit that the case has been referred to RDO for enquiry, based on the come out of the RDO enquiry the Respondent police will suitably alter the Section. He would further submit that the investigation is done in a proper and fair manner.

4.At this juncture, learned counsel for the Petitioner would submit that direction may be issued to the superior officer to monitor the investigation.

5.In view of the above said submissions, direction is issued to the Deputy Superintendent of Police, Villupuram to monitor the investigation in Cr.No.562 of 2021 pending on the file of the 2nd Respondent. The final report shall filed expeditiously. 6.With the above direction, this Petition is disposed of. Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar shk/sai To 1.The Superintendent of Police, O/o.The Superintendent of Police, Villupruam District.

2.The Deputy Superintendent of Police, Villupuram.

3.The Inspector of Police, Vikravandi Police Station, Villupuram District.

4.The Public Prosecutor, High Court of Madras.

+1cc to M/s.Meera Gnanasekar, Advocate Sr.No.14730

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

Crl.O.P.No.4953 of 2022 SR(CO) RVM(18/03/2022)