P.Gopal v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRS

Dated:25.06.2024 Coram THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN P.Gopal .. Petitioner /versus/ 1.The State of Tamil Nadu, Rep.by is Commissioner of Police, Avadi Range, Avadi, Tiruvallur District.

2.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Avadi Circle, Tiruvallur District.

.. Respondents Writ Petition has been filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2, to transfer the investigation in FIR No.32 of 2024, to CBCID or any fair officer to investigate, on the file of the 2nd respondent based on his representation dated 27.04.2024.

For Petitioner :Mr.S.Kamalesh Kannan For Respondents :Mr.K.M.D.Muhilan Govt.Advocate (Crl.Side) -----

O R D E R

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The Writ Petition is filed to transfer the investigation in Crime No.32 of 2024 on the file of the 2nd respondent-police to CBCID or any other agency, since the petitioner, who is the defacto complainant, suspects the line of investigation conducted by the 2nd respondent.

2. The specific allegation of the petitioner is that the residents of Aravindakshayam Apartment had forced his brother to enter inside the septic tank and to clean it without giving any protective gears which ended in unnatural death of his brother.

3. The learned Government Advocate (Crl.Side) appearing for the State submitted that pursuant to the complaint given by the Village Administrative Officer, case has been registered in Crime No.32 of 2024 under Section 174 of Cr.P.C on 23.01.2024. In the course of investigation, case has been altered into Section 304-A of IPC and seven persons have been arrested in this connection on 19.06.2024 and the investigation is proceeded.

4. Since the material placed by the learned Government 2/5

Advocate (Crl.Side), indicates that the investigation is going on the right direction and effectively, there is no necessity to change the investigation at this juncture.

5. In view of the above submission, this Writ Petition is dismissed. The respondents police shall complete the investigation and file the final report preferably within a period of two months from the date of receipt of a copy of this order. No costs. 25.06.2024 ari Index:yes/no Internet:yes/no Speaking order:yes/o To:

1. The Commissioner of Police, Avadi Range, Avadi, Tiruvallur District. 3/5

2.The Inspector of Police, T-10, Thirumullaivoyal Police Station, Avadi Circle, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

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