K.Chandra v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11487 of 2020 and Crl.M.P No.4646 and 4647 of 2020 K.Chandra, F/A 47 years W/o.Krishnan No.77, 1st Street, Naiyanarkuppam Cheyyur Taluk Chengalpattu.

...Petitioner

Vs

1. The Superintendent of Police Chengalpattu District Chengalpattu

2. The Inspector of Police Cheyyur Police Station Chengalpattu District

...Respondents

Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Crime No.919 of 2020 on the file of the Inspector of Police, Cheyyur Police Station, Chengalpattu, i.e from the 2nd respondent to CBI or CBCID.

For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed seeking for transfer of investigation in Crime No.919 of 2020 from the file of the second respondent to any other investigating agency.

2. The learned counsel for the petitioner would submit that the petitioner's daughter had committed suicide by hanging herself. Further, the accused persons have taken a new video and threatened the deceased to post the same in the social media.

3. The learned Additional Public Prosecutor would submit that initially, the case was registered under Section 174 of Cr.P.C and subsequently, it was altered to the offence under Section 306 of IPC against the two accused persons and about to complete the investigation. Further, he submitted that one Suman, Aravind and Suresh who are happened to be the close relatives of the petitioner are not co-operating for the investigation and their statements have to be recorded under Section 164 of Cr.P.C.

4. Considering the above submission made by the learned Additional Public Prosecutor, the relatives of the petitioner namely Suman, Aravind and Suresh are directed to appear before the 2nd respondent for interrogation and also co-operate for recording their statement under Section 164 of Cr.P.C before the concerned Court. After recording the statement, if any material to attract any other offence as alleged by the petitioner herein, the 2nd respondent is directed to complete the investigation accordingly and also alter the offence in accordance with the materials produced by the petitioner and also from the statements of the witnesses and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The 1st respondent is directed to monitor the investigation to be conducted by the 2nd respondent.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar uma To

1. The Superintendent of Police Chengalpattu District Chengalpattu

2. The Inspector of Police Cheyyur Police Station Chengalpattu District

3. The Public Prosecutor High Court of Madras.

+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.25931 Crl.O.P.No.11487 of 2020 and Crl.M.P Nos.4646 and 4647 of 2020 PVS(CO) KKV/25/08/2020