Gandhi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.19258 OF 2020 Gandhi ... Petitioner Vs.

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

2. The Inspector of Police, Veppur Police Station, Cuddalore.

(Crime No.1473 of 2020) ... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to transfer the case in Crime No.1473 of 2020 on the file of the second respondent to any other office not below the rank of Inspector of Police to investigate the same within a time frame fixed by this Hon'ble Court.

For Petitioner :

Mr.K.Thenrajan For Respondents :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the first respondent to transfer the case in Crime No.1473 of 2020 on the file of the second respondent to any other office not below the rank of Inspector of Police to investigate the same within a time frame.

2. It is seen from the records that the petitioner's son fell in love with one Bhavatharani. Thereafter, they contacted each other through video call and thereafter, the petitioner's

son attempted to commit suicide by hanging in ceiling fan. Immediately, he had been taken to Veppur Government Hospital, where he was declared as brought dead.

3. On the complaint lodged by the petitioner, the second respondent registered the First Information Report in Crime No.1473 of 2020 under Section 174 Cr.P.C. Thereafter, the second respondent enquired 5 witnesses and also conducted inquest on the dead body in the presence of Panchayatars. The dead body was sent to postmortem and awaited for Vicsera report and final opinion from the Post Mortem Doctor. Since, the investigation has been completed, in these circumstances, if the investigation is transferred to another agency, the investigation already completed by the second respondent will go futile and as such this Court is not inclined to transfer the investigation from the second respondent. However, the second respondent is directed to complete the investigation and file a final report, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar mn/cda To

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

2. The Inspector of Police, Veppur Police Station, Cuddalore.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19258 of 2020 RSV(CO) RLP(12/07/2022)