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Madras High CourtCRL OP/14966/2016closed

K.U.Ramasamy v. The Superintendent Of Police

2016-07-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.14966 of 2016 K.U.Ramasamy ... Petitioner Vs 1.The Superintendent of Police, Tiruppur, Tiruppur District.

2.The State rep by its The Inspector of Police, Udumalpet Police Station, Tiruppur District.

... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the investigation in Crime No.363 of 2016 on the file of the 2nd respondent Police to CBCID, Coimbatore.

For Petitioner : Mr.K.Myilsamy For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed to transfer the investigation in Crime No.363 of 2016 on the file of the 2nd respondent Police to CBCID, Coimbatore.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. It is seen that the petitioner's daughter Brindha committed suicide in the matrimonial home on 28.05.2016 in Coimbatore and on the complaint given by the petitioner, the respondent Police registered a case in Crime No.363 of 2016 on 29.05.2016 under Section 174 Cr.P.C. At this juncture, the petitioner/de facto complainant has come up with this petition for transfer of investigation from the local Police to the CBCID on the ground that the investigation by the Inspector of Police is perfunctory.

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4. Learned Additional Public Prosecutor submitted that the investigation is not being conducted by the Inspector of Police, but, it is being conducted by the Deputy Superintendent of Police, Udumalpet Sub Division, Tiruppur District. Inquest also has been done by the Revenue authorities and not by the Police. Thereafter, the Deputy Superintendent of Police has altered the FIR from Section 174 Cr.P.C. to Section 306 IPC.

5. Mr.Myilsamy, learned counsel for the petitioner submitted that the Inspector of Police is unnecessarily threatening the petitioner.

6. Recording the submissions of the learned Additional Public Prosecutor, this Court directs the Deputy Superintendent of Police to proceed with the investigation uninfluenced by any quarters and take action in accordance with law.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gya To 1.The Superintendent of Police, Tiruppur, Tiruppur District.

2.The Deputy Superintendent of Police, Udumalpet Sub Division, Tiruppur District.

3.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Myilsamy, Advocate, S.R.No.40532 CRL.OP.No.14966 of 2016 PVS(CO) CA(16/08/2016) https://hcservices.ecourts.gov.in/hcservices/