Madras High CourtCRL OP/14657/2019dismissed

Ayyammal v. Sup Of Po Erode

2020-07-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14657 of 2019 Ayyammal W/o. Late Perumal, Residing at No.167 Kothukarar Thottam, C.N.C.College, Veerapan Chathiram Post, Erode District-638 004.

... Petitioner Vs.

1.The Superintendent of Police, Erode District, 2.The Inspector of Police, Erode North Police Station, Erode District.

(Crime No.279/2019) ... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.279 of 2019 dated 03.04.209 to any other agencies. For Petitioner : Mr.A.M.Amutha Ganesh For Respondents: Mr.K.Prabakar Additional Public Prosecutor

O R D E R

This petition has been filed seeking to transfer the investigation in Crime No.279 of 2019 dated 03.04.209 to any other agencies.

2.The learned Additional Public Prosecutor submitted that after registering FIR under Section 174 of Cr.P.C the investigation reveals that the petitioner's son was identified by the petitioner and he died due to falling down in the ditch in drunken mood. He further submitted that the post mortem report shows that there is no head injury and neck bone but whereas in viscera report, it is inconsistent of the opinion of the post-mortem report and investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

3.In view of the submission made by the learned Additional Public Prosecutor that the petitioner's son fell into ditch and died in drunken mood and also it is seen that the petitioner's son had the habit of drinking and in the drunken mood, falling into ditch. Therefore, there is no reason to transfer the investigation from the file of the second respondent in Crime No.279 of 2019. However, the second respondent is directed to complete the investigation and file a final report within a period of 8 weeks from the date of receipt of a copy of this order.

4.With the above observation this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn To 1.The Superintendent of Police, Erode District, 2.The Inspector of Police, Erode North Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14657 of 2019 NR(CO) GS(26/08/2020) https://hcservices.ecourts.gov.in/hcservices/