S.Ramesh v. Home, Prohibition And Excise Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Ramesh ... Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Chennai-600 007.

2.The Inspector of Police, (Law & Order) M-3 Police Station, Puzhal, Chennai-600 066.

...

Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1st respondent to withdraw and transfer investigation from 2nd respondent in Crime No.257/2023 on the file of the Inspector of Police, M-3, Police Station, Puzhal, Chennai to the file of any other competent investigation agency to conduct a free and fair investigation within a stipulated time.

For Petitioner : Mr.R.Arunkumar For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein is the father of one Vandhna, who committed suicide within 7 years of her marriage, is before this Court for change of investigation alleging that the respondent police has not conducted the investigation properly. Therefore, to meet the ends of justice the investigation has to be transferred to some other agency 2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that on receipt of the complaint of unnatural death, case has been registered and under investigation. Suicide note of the deceased person has been recovered and its genuinness now subjected for forensic examination. Further, the RDO enquiry commneced and the Investigating Officer is awaiting for the RDO report. Once the report received, the investigation will be completed and final report will be filed. There is no delay in investigation as alleged by the petitioner. He further undertakes that the RDO will complete the enquiry within a period of one month and based on the report and other material evidence, the Investigating Officer will proceed in accordance with law. 3.

From the submissions made by the learned Government 2/4

Advocate (Crl.Side), this Court finds that there is no unwanted delay on the part of the Investigating Officer for conducting the investigation. The postmortem report, suicide note and other materials been already collected and the Investigating Officer is awaiting for RDO report. 4.

In the light of the above fact, this Court finds no reason to the 1st respondent to withdraw the investigation from the 2nd respondent and transfer it. Hence this Criminal Original Petition is disposed of with direction to the 2nd respondent to complete the investigation within a period of 60 days.

01.07.2024 Index : Yes/No rpl To 1.The Commissioner of Police, O/o. The Commissioner of Police, Chennai-600 007.

2.The Inspector of Police, (Law & Order) M-3 Police Station, Puzhal, Chennai-600 066.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

3.The Public Prosecutor, High Court of Madras, Chennai.

01.07.2024 4/4