← Library
Madras High CourtCRL OP/26808/2015dismissed

G. Kotteswaran v. The Superintendent Of Police

2015-12-09Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26808 of 2015 G.Kotteswaran ... Petitioner Vs

1. The State, rep. by the Superintendent of Police, Thiruvallur District Police Office, Thiruvallur District - 602 021.

2. Deputy Superintendent of Police, Beside Thiruvallur Taluk Police Station,

3. Inspector of Police, B-2, Thiruvallur Taluk Police Station, Thiruvallur, Thiruvallur District - 620 021.

4. Special Sub-Inspector of Police, B2, Thiruvallur Taluk Police Station, ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to transfer the investigation to Higher Rank Official other than the 3rd respondent (Investigation Officer in Crime No.486/2014) based on the complaint, dated 05.10.2015 within the time as stipulated by this Court.

For Petitioner :

Mr.K.G.Arunakumar For respondent :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the first respondent to transfer the investigation to Higher Rank Official other than the 3rd respondent (Investigation Officer in Crime No.486/2014) based on the complaint, dated 05.10.2015 within the

time as stipulated by this Court.

2. In the affidavit, it is stated that on 11.11.2014 at 11.00 a.m., while the petitioner's father was returning from Tiruvallur on his motor cycle, a black colour Bajaj Pulsar motor cycle, driven by a rider and having a pillion rider, came in a very high speed and hit the deceased vehicle, in which, the petitioner's father was thrown away on the road side. In the said accident, the petitioner's father sustained head injuries and he was admitted in the hospital and he succumbed to the injuries on 23.11.2014. Hence, a complaint was lodged with the respondent police and the same was registered in Crime No.486/2014. But no action was taken so far. Hence, the present petition for transfer of the investigation.

3. When the matter was taken up for consideration, learned Additional Public Prosecutor submitted that on completion of investigation, the case was closed as 'undetectable'.

4. Since the complaint has been closed, this Court is of the view that there is no need to pass any specific direction. Hence, the criminal original petition is dismissed. However, the petitioner is at liberty to work out his remedy in the matter known to law before the appropriate forum.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To

1. The Superintendent of Police, Thiruvallur District Police Office, Thiruvallur District - 602 021.

2. The Deputy Superintendent of Police, Beside Thiruvallur Taluk Police Station,

3. The Inspector of Police, B-2, Thiruvallur Taluk Police Station, Thiruvallur, Thiruvallur District - 620 021.

4. The Special Sub-Inspector of Police, B2, Thiruvallur Taluk Police Station,

5. The Public Prosecutor, High Court, Madras.

+3 ccs to M/s.R.Kalyankishan Singh Advocate sr.66215 Crl.O.P.No.26808 of 2015 aa22/12/2015