← Library
Madras High CourtCRL OP/9307/2023disposed of

Sutha v. The Superintendent Of Police

2023-04-27Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and Crl.M.P.No.6024 of 2023 L.Sudha ... Petitioner /vs/

1. The Superintendent of Police, O/o. Superintendent of Police, Erode District.

2. The Inspector of police, Perundurai Police Station, Erode District.

Crime No.517 of 2022

3. The Superintendent of Police, C.B.C.I.D., Guindy Industrial Estate, Chennai.

4. The Inspector of Police, CBCID, Erode District. ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to transfer the investigation in Crime No.517 of 2022 pending on the file of 2nd respondent to the file of the 4th respondent for a fair and proper investigation.

For Petitioner ... Mr.M.Rajkumar Franklin For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed seeking direction to to transfer the investigation in Crime No.517 of 2022 pending on the file of 2nd respondent to the file of the 4th respondent for a fair and proper investigation.

2. The learned counsel for the petitioner submitted that, FIR in Crime No.517 of 2022 was registered for the offence under Sections 279 and 304 of IPC alleging that, petitioner's son had ridden his two-wheeler in a rash and negligent manner and hit a tree and thereby, he suffered injuries and died. It is also claimed in the FIR that, one Banurekha informed the accident to the petitioner. He further submitted that, Banurekha's daughter and the petitioner's son were in love with each other and they belong to different community. Petitioner suspects that, his son was murdered by Banurekha. Therefore, this petition.

3. In response, learned Government Advocate (Crl. Side) submitted that, investigation in this case is completed. Investigation revealed that, accident had happened due to the rash and negligent driving of the deceased himself. FIR in Crime No.517 of 2022 was closed as ''Charge Abetted'' and final report is also filed before the Court.

4. In view of the submission made by the learned Government Advocate (Crl. Side), this Court directs the respondents to serve the copy of the final report to the petitioner. Petitioner is given liberty to challenge the final report in the manner known to law.

5. With the above observations and directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

27.04.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma

G.CHANDRASEKHARAN, J.

Sma To

1. The Superintendent of Police, O/o. Superintendent of Police, Erode District.

2. The Inspector of police, Perundurai Police Station, Erode District.

Crime No.517 of 2022

3. The Superintendent of Police, C.B.C.I.D., Guindy Industrial Estate, Chennai.

4. The Inspector of Police, CBCID, Erode District.

5.The Public Prosecutor, High Court, Madras.

27.04.2023