Madras High CourtCRL OP/11907/2018closed

Thavasimani, F/46 Years v. State By

2018-06-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.11907 of 2018 and Crl.M.P.No.6285 of 2018 Thavasimani Petitioner vs.

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

2.Inspector of Police Vellithiruppur Police Station Erode District.

Respondents Criminal Original Petition filed under Section 482, Cr.P.C. to transfer the investigation pending in Cr.No.340 of 2017 on the file of the 2nd respondent police to any other competent investigation agency.

For petitioner Mr.E.P.Senniyangiri For Respondents Mrs.Kritika Kamal, P Government Advocate [Crl.Side]

ORDER

This Criminal Original Petition has been filed to transfer the investigation pending in Cr.No.340 of 2017 on the file of the 2nd respondent police to any other competent investigation agency.

2. It is seen that the petitioner's daughter was having an affair with a married person, which was resisted by the latter's wife. When the petitioner's daughter was was asked to sever the relationship, she is said to have committed suicide by selfimmolation in her house and a case in Cr.No.340 of 2017 has been registered under Section 174(3) Cr.P.C. on 17.12.2017 and the investigation is said to have been conducted by the Assistant Commissioner of Police. Not satisfied with the investigation, https://hcservices.ecourts.gov.in/hcservices/

the present petition has been filed for transfer of investigation.

3. On a perusal of the Case Diary, it is seen that the offence has been altered from Section 174 (3) Cr.P.C. to Section 306 IPC.

4. In the opinion of this Court, an offence under Section 302 IPC cannot be included in a case of this nature and this Court does not find any serious infirmity in the investigation of the case warranting transfer.

Hence, this petition is closed with a direction to the respondent police to complete the investigation expeditiously. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gms To 1.The Superintendent of Police, O/o Superintendent of Police, Erode District, Erode.

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

3.The Public Prosecutor, High Court, Chennai. Crl.O.P. No.11907 of 2018 nr 09/07/2018 https://hcservices.ecourts.gov.in/hcservices/