S.Ramesh v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Ramesh ... Petitioner Vs

1. The Commissioner of Police, Tambaram City, Tambaram.

2. State Rep. By The Inspector of Police, T-10, Manimangalam Police Station, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the Investigation in Cr.No.300 of 2023 pending on the file of the second Respondent to any other investigation agency by appreciating the above stated facts and circumstances.

For Petitioner : Mr.S.Senthilvel For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to transfer the Investigation in Cr.No.300 of 2023 pending on the file of the second Respondent to any other investigation agency.

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

3. The petitioner's son died in a suspicious manner. On the complaint, the second respondent registered FIR in Crime No.300 of 2023 under Section 174 Cr.P.C. Now it is pending for investigation and as such, the petitioner sought for transfer of investigation, on the ground that the petitioner's son was brutally murdered and even then, the second respondent failed to alter the offence under Section 302 of IPC.

4. On instructions, the learned Government Advocate (Crl.side) appearing for the respondents submitted that petitioner's son was a history sheeter and that he died due to injuries sustained from a counter-bomb explosion. He was also in possession of counter-bomb in his pocket. That apart, he was under the influence of alcohol.

5. Admittedly, the petitioner's son died due to bomb explosion.

However, the FIR is still pending. Therefore, this Court finds no grounds to transfer the investigation from the file of the second respondent to any other investigation agency. However, the second respondent is directed to complete the investigation in Crime No.300 of 2023 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is dismissed. 12.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Commissioner of Police, Tambaram City, Tambaram.

2. The Inspector of Police, T-10, Manimangalam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

12.02.2025