Kamala v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20733 of 2019 Kamala

...Petitioner

Vs

1. The State Rep. by The Director General of Police, No.1, Dr.Radhakrishnan Road, Mylapore, Chennai- 600004

2. The Superintendent of Police, Thiruppur District, Thiruppur.

3. The Inspector of Police, Palladam Police Station, Thiruppur District, Crime No:530 of 2019

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 1st respondent to transfer the investigation which is pending on the file of the 2nd respondent police in Crime Number:530 of 2019 to Crime Branch Crime Investigation Department (CBCID) for investigation. For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The grievances of the petitioner is that he suspects that the deceased would have been done to death and therefore, seeks for transfer of the investigation.

The learned Additional Public Prosecutor has filed a status report stating that the statement of certain witnesses have been collected and based on that investigation is proceeding. As on date, the investigation reveals that https://hcservices.ecourts.gov.in/hcservices/

occurrence had happened due to drunken driving in a rash and negligent manner. Nevertheless, the investigation is still under progress.

In my view, if such investigation is directed to monitored by a superior officer on a day-to-day basis, the ends of justice could be secured. A mere apprehension may not be a sufficient ground for transfer of the investigation. In the light of the above observations, there shall be a direction to the 3rd respondent to complete the investigation in Crime No. 530 of 2019 as expeditiously as possible and such investigation shall be monitored by the Superintendent of Police, having territorial jurisdiction over the 3rd respondent, on a day-to-day basis.

This Criminal Original Petition stands disposed of accordingly.

Sd/- Assistant Registrar(J) //True Copy// vsn/sbn Sub Assistant Registrar To

1. The Director General of Police, No.1, Dr.Radhakrishnan Road, Mylapore, Chennai- 600004

2. The Superintendent of Police, Thiruppur District, Thiruppur.

3. The Inspector of Police, Palladam Police Station, Thiruppur District,

4. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Thirumoorthy, Advocate, S.R.No.86049 Crl.O.P.No.20733 of 2019 (CO) SSM(04/11/2019) https://hcservices.ecourts.gov.in/hcservices/