Madras High CourtCRL OP/17786/2015dismissed

K.M.Akbar Sait v. The Inspector Of Police

2015-11-27Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.17786 of 2015 K.M.Akbar Sait ... Petitioner Vs State, Rep. by the Inspector of Police, G-5, Soonambedu Police Station, Kancheepuram.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.293/2015, under Section 174 Cr.P.C on the file of the respondent to any other investigating agency.

For Petitioner :

Mr.J.C.Durairaj For respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to transfer the investigation in Crime No.293/2015, under Section 174 Cr.P.C on the file of the respondent to any other investigating agency.

2. The petitioner herein preferred a complaint on 18.04.2015 to the respondent police alleging that his daughter by name, Jeenath Najim, aged about 27 years, wife of Mohideen, residing along with her husband was found dead in a locked room at her matrimonial house. It is further stated that in fact, on 16.04.2015, the deceased Jeenath Najim contacted the petitioner and informed that she was being harassed by her husband for dowry. Hence, the petitioner lodged a complaint on 18.04.2015 and the same was registered in Crime No.293/2015 for the offence under section 174 Cr.P.C. Since there was no progress thereafter, the present petition has been filed to transfer the https://hcservices.ecourts.gov.in/hcservices/

investigation to some other investigating agency.

3. When the matter is taken up for consideration, learned Additional Public Prosecutor, submitted that the offence under section 174 Cr.P.C. was altered into section 306 IPC and the altered FIR was also filed before the learned Judicial Magistrate, Madhuranthagam, and investigation is in progress.

4. Since already the investigation is in progress, this Court is not inclined to entertain this petition. Hence, the criminal original petition stands dismissed. However, the respondent police is directed to expedite the investigation and to file a final report as early as possible.

Sd/ ASSISTANT REGISTRAR(CCC) /TRUE COPY/ SUB-ASSISTANT REGISTRAR vsi To

1. The Inspector of Police, G-5, Soonambedu Police Station, Kancheepuram..

2.The Public Prosecutor, High Court, Madras.

+1 CC to MR.J.C.Durairaj Advocate. SR.NO. 64803 Crl.O.P.No.17786 of 2015 CO-RSK JD 17/12/2015 https://hcservices.ecourts.gov.in/hcservices/