S.Elamathi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.17067 of 2019 S. Elamathi .. Petitioner .Vs.

1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Harur Police Station, Dharmapuri District.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to transfer the investigation in Cr.No.35 of 2014, on the file of the Inspector of Police, Harur Police Station, Dharmapuri District to any other competent authority to conduct a free and fair investigation and to file a final report. For Petitioner : Mr.C.Prabakaran For Respondents: Mr.M.Mohamed Riyaz, APP

ORDER

This Criminal Original Petition has been filed seeking for transfer of investigation in Cr.No.35 of 2014.

2. The petitioner who was travelling in a two wheeler with her brother was knocked down by a Car and the petitioner sustained grievous injuries. Based on the Complaint given by the petitioner, an FIR came to be registered in Cr.No.35 of 2014 against an unknown Car, for an offence under Section 279 & 337 IPC.

3. It is the grievance of the petitioner that inspite of the petitioner informing the respondent Police that the offending vehicle bearing registration No.TN-29-AY-2562 driven by one K.Vijayan was responsible for the accident, no action was taken by the respondent Police till date and the case is kept https://hcservices.ecourts.gov.in/hcservices/

pending form the year 2016 onwards.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

5. Taking into consideration the facts and circumstances of the case, this Court is inclined to transfer the investigation in Cr.No.35 of 2014 to the file of the DSP, Harur. The 2nd respondent is directed to hand over the entire Case Diary to the DSP, Harur, within a period of two weeks from the date of receipt of copy of this order. Immediately, on receipt of the Case Diary, the DSP, Harur shall proceed further with the investigation effectively and shall file a Final Report as expeditiously as possible and not later than four months. This Criminal Original Petition is disposed of accordingly.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar KP To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Harur Police Station, Dharmapuri District.

3.Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Prabakaran, Advocate sr 55212.

Crl.OP No.17067 of 2019 SP(18/07/2019) https://hcservices.ecourts.gov.in/hcservices/