Ananthayi, F/A 55 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.07.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17494 of 2018 Ananthayi ... Petitioner/Defacto Complainant Vs State Rep. By
1. The Superintendent of Police, Villupuram,
2. The Deputy Superintendent of Police, Camp Office, Thirukovillur,
3. The Inspector of Police (L&O), Kandachipuram Police Station, (Crime No.221 of 2018) .. Respondents/Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to transfer the investigation in Crime No.221 of 2018 pending on the file of 3rd respondent to the 2nd respondent under monitor of the 1st respondent. For Petitioner : Mr.R.Sasikumar For Respondents : Ms.Kritika Kamal Govt. Advocate [Crl. Side]
O R D E R
This petition has been filed praying to transfer the investigation in Crime No.221 of 2018 from the file of the 3rd respondent to the file of the 2nd respondent under monitor of the 1st respondent.
2.On the complaint lodged by the petitioner, the 3rd respondent Police have registered a case in Crime No.221 of 2018 under Section 174[3] Cr.P.C. and investigation is in progress.
While so, the present petition has been filed for transfer of investigation.
3.Heard Mr.Sasikumar, learned counsel for the petitioner and the learned Government Advocate [Crl. Side] appearing for the respondents.
4.On a reading of the FIR, it is seen that the petitioner's daughter Nishanthi was given in marriage to one Vijayakumar, some eleven months back; that on 23.05.2018, Nishanthi developed severe stomach ache, she was admitted to a local hospital in Villupuram. From there, she was taken to JIPMER Hospital on 25.05.2018. But, however, she died on 28.05.2018. Hence, the FIR.
5.Learned Government Advocate [Crl. Side] submitted that even the viscera report has not been received and therefore, it is too premature to say that there was foul play in the death of Nishanthi.
6.In the opinion of this Court, this is not a fit case to transfer the investigation to any other agency. However, the Deputy Superintendent of Police, Villupuram District/2nd respondent is directed to monitor the investigation that is being conducted by the 3rd respondent in Crime No.221 of 2018 and complete the same expeditiously and either file a final report or alteration report as the case may be under due intimation to the de facto complainant.
With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar gya To
1. The Superintendent of Police, Villupuram,
2. The Deputy Superintendent of Police, Camp Office, Thirukovillur,
3. The Inspector of Police (L&O), Kandachipuram Police Station, 4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Sasikumar, Advocate Sr.45418 CRL.OP.No.17494 of 2018 cp[co] srg 20/07/2018