P.Ellappan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Ellappan ... Petitioner Vs.

State Rep. by

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Joint Commissioner of Police, Chintadeipet, Chennai - 600 002.

3. The Deputy Commissioner of Police, F2 Egmore Police Station, Egmore, Chennai.

4. The Inspector of Police, F-1, Chintadeipet Police Station, Chintadeipet, Chennai - 600 002.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C., 2023, to direct the first respondent to transfer the investigation in Crime No.37 of 2024, dated 09.03.2024, pending on the file of the fourth respondent to some other agency.

For Petitioner : Mr.V.S.Venkatesh For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

ORDER

This petition has been filed for transfer of investigation in Crime No.37 of 2024 from the file of the fourth respondent to any other investigation agency.

2.

It is seen that on the complaint lodged by the petitioner, the fourth respondent registered FIR in Crime No.37 of 2024 under Section 174 of Cr.P.C. However, the fourth respondent did not complete the investigation and the FIR is still pending.

3.

The learned counsel appearing for the petitioner submitted that though the petitioner produced CCTV footage showing that the deceased was attacked by the accused persons and therefore he suffered heart attack and died, the fourth respondent did not take any action as against the accused persons.

4.

Per contra, the learned Government Advocate (Crl. Side) appearing for the respondents submitted that due to parking dispute, there was small altercation between the deceased and others. Thereafter, the deceased went in his bicycle and he suffered with cardiac attack and died. The final opinion of the doctor, who conducted the postmortem also revealed that the deceased died due to the effects of Coronary Artery disease.

5.

Considering the above submissions, the transfer of investigation would not serve any purpose in the present case. However, the fourth respondent is directed to complete the investigation and file final report within a period of twelve weeks from the date of receipt of a copy of this order.

6.

With the above directions, the Criminal Original Petition stands disposed of.

14.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.

2. The Joint Commissioner of Police, Chintadeipet, Chennai - 600 002.

3. The Deputy Commissioner of Police, F2 Egmore Police Station, Egmore, Chennai.

4. The Inspector of Police, F-1, Chintadeipet Police Station, Chintadeipet, Chennai - 600 002.

5. The Public Prosecutor, Madras High Court, Chennai.

14.02.2025