Madras High CourtCRL OP/9482/2019disposed of

S.Amutha v. State Rep By

2019-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9482 of 2019 S.Amutha ... Petitioner

Versus

1. State rep. by the Superintendent of Police, Erode District, Erode.

2. State rep. by the Inspector of Police, Karungalapalayam Police Station, Karungalapalayam, Erode District.

... Respondents Prayer:- Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to consider the petitioner's representation dated 21.01.2019 and to direct the 1st respondent to transfer the investigation in Crime No.227 of 2018 pending on the file of the 2nd respondent to some other subordinate officer under him and to investigate the matter afresh and to file a charge sheet in the manner known to law within a specified time to be fixed by this Court. For Petitioner : M/s.K.V.Law Firm For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to consider the petitioner's representation dated 21.01.2019 and to direct the 1st respondent to transfer the investigation in Crime No.227 of 2018 pending on the file of the 2nd respondent to some other subordinate officer under him and to investigate the matter afresh and to file a charge sheet in the manner known to law within a specified time to be fixed by this Court.

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

https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor submitted that the investigation in Crime No.227 of 2018 is pending and Viscera Report is awaited.

4.Considering the submission of the learned Additional Public Prosecutor and other facts and circumstances of the case, transfer of investigation cannot be granted at this stage, as it would vitiate the investigation. However, the 2nd respondent is directed to complete the investigation in Crime No.227 of 2018 and file a final report within a period of three months from the date of receipt of a copy of this order. 5.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar ssr To

1. The Superintendent of Police, Erode District, Erode.

2. The Inspector of Police, Karungalapalayam Police Station, Karungalapalayam, Erode District.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.K.V.Law Firm, Advocate, S.R.No.41196 Crl.O.P.No.9482 of 2019 EV(CO) SSM(21/05/2019).

https://hcservices.ecourts.gov.in/hcservices/