Madras High CourtCRL OP/9158/2014disposed of

P.Radhakrishnan v. The Superintendent Of Police

2018-12-05Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.9158 of 2014 P.Radhakrishnan

...Petitioner

-Vs1.The Superintendent of Police, Erode District.

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

3.The Inspector of Police, CBCID, Erode District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.29 of 2013 on the file of the Inspector of Police, Kodumudi, Erode District, to the CBCID, Erode District or any other police officers as this Hon'ble Court deem fit and proper to the circumstance of the case.

For Petitioner : Mr.B.Vasudevan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.29 of 2013 pending on the file of the Inspector of Police, Kodumudi, Erode District.

2. The FIR has been registered under Section 174 of Cr.P.C. The petitioner is the father of the deceased. It is alleged in the petition that the petitioner's daughter died under suspicious circumstances and according to the inquest report filed by the Revenue Divisional Officer, the petitioner's daughter had committed suicide by hanging due to quarrel between the husband and wife and the death is not due to dowry demand. Inspite of the report, the closure report has been filed by the respondent police on 12.08.2013 before the Revenue Divisional Officer, Erode.

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3. The respondent police has not followed the guidelines given by this Court in the case of Manohari Versus The District Superintendent of Police, Sivagangai District and others reported in (2018) 2 LW (Crl.) 522. There shall be a direction to the second respondent to continue the investigation in Crime No.29 of 2013 and the investigation shall be monitored by the Superintendent of Police, Erode District. The second respondent shall complete the investigation as expeditiously as possible and file a final report before the concerned jurisdictional Magistrate Court. The investigation shall be conducted under the active monitoring of the Superintendent of Police, Erode District.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar LPP/vsa To 1.The Superintendent of Police, Erode District.

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

3.The Inspector of Police, CBCID, Erode District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9158 of 2014 SV(CO) GSP(24/12/2018) https://hcservices.ecourts.gov.in/hcservices/