Kavitha v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.5464 of 2015 Kavitha Petitioner Vs 1.State rep by Director General of Police Kamarajar Salai, Mylapore, Chennai.

2.Superintendent of Police Office of Superintendent of Police 3.Sub Inspector of Police V Kalathur Police Station 4.Deputy Superintendent of Police Mangalamedu Sub Division Respondents (4th Respondent impleaded as per order dated 11.04.2016 in Crl.MP.No.4117/2016) Criminal Original Petition filed under Section 482 Cr.P.C., seeking direction to transfer the investigation of Cr.No.304 of 2015 for death of petitioner's daughter who was 20 years old died on 20.12.2014 in unnatural circumstance in her husband's house in Vepumthattai Taluk in Perambalur District due to cruelty meted by her for dowry which is pending before the file of third respondent to any other competent authority. For petitioner :

Ms.P.Uma For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to transfer the investigation in Cr.No.304 of 2015 on the file of the third respondent to any other competent authority.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that the petitioner's daughter committed suicide on 20.12.2014, in connection with which a case in Cr.No.318 of 2014 was registered u/s 174(3) Cr.P.C. It is the contention of the petitioner that the respondents have not proceeded further with the investigation and therefore, she has come up with this petition seeking transfer of investigation.

4. The respondent police have filed a Status Report, wherein it is stated that the inquest in this case was conducted by the Revenue Divisional Officer, Perambalur District, and not by the police. After inquest, post-mortem and recording statement of witnesses, the respondent police have altered the case from one u/s 174(3) Cr.P.C. to one u/s 498-A and 306 IPC on 11.03.2015.

In view of the above, this Court is of the view that this is not a fit case to transfer the investigation. Accordingly, this petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Director General of Police Kamarajar Salai, Mylapore, Chennai.

2.Superintendent of Police Office of Superintendent of Police 3.Sub Inspector of Police V Kalathur Police Station

4.Deputy Superintendent of Police Mangalamedu Sub Division 5.The Public Prosecutor, High Court, Chennai.

+1 cc to M/s.P.Uma Advocate sr 44851 Crl.O.P.No.5464 of 2015 aa29/08/2016