Madras High CourtCRL OP/21688/2019disposed of

Bhagyashree v. Additional Director General Of Police

2020-10-14Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.21688 of 2019 Bhagyashree, W/o. Late Sethuraman, No.12/13, A1- Selvam Construction, Meenakshi Nagar, Nesapakkam, Chennai - 78.

.. Petitioner Vs.

1. Additional Director General of Police, CBCID, Pantheon Road, Egmore, Chennai - 600 008.

2. The Inspector of Police, Thalambur Police Station (Traffic) Thalambur, Kancheepuram

3. The Secretary, Transport Department, Government of Tamilnadu, Chepauk, Chennai.

4. The Commissioner, Transport Department, Government of Tamilnadu, Chepauk, Chennai.

.. Respondents (R3 & R4 are suo-moto impleaded as per order in Crl. O.P. No.21688 of 2019 dated 25.10.2019 of this Court) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Cr. No.467 of 2018 pending on the file of the 2nd respondent police to the 1st respondent and to conduct the investigation under the supervision of police officer not below the rank of Superintendent of Police and to file a final report within a time frame fixed by this Court.

For Petitioner : Ms.Vijalakshmi K. Rajaratnam For Respondents: Mr.S. Karthikeyan Additional Public Prosecutor ****

O R D E R

(This case has been heard through video conferencing) The Criminal Original Petition has been filed praying to transfer the investigation in Cr. No.467 of 2018 pending on the file of the 2nd respondent police to the 1st respondent and to conduct the investigation under the supervision of police officer not below the rank of Superintendent of Police and to file a final report within a time frame fixed by this Court.

2. Heard Ms.Vijalakshmi K. Rajaratnam, learned counsel for the petitioner and Mr.S. Karthikeyan, learned Additional Public Prosecutor appearing for the respondents.

3. Today, when this petition came up for hearing, the learned counsel for the petitioner would submit that the direction given by this Court, vide order dated 28.08.2019, the 2nd respondent police who is investigating officer, has not complied with the order.

4. On the other hand, the learned Additional Public Prosecutor appearing for the respondents on instruction would submit that the charge sheet in Cr. No.467 of 2018 has been prepared for the offence punishable under Section 279, 304(A) IPC. Further, he undertakes to seek the Inspector of Police for alteration of the Section in line with the issue that has been raised by the petitioner, as directed by this Court.

5. In these circumstances, the 2nd respondent is directed to file a final report within a period of one month from the date of receipt of copy of this order after complying with the order dated 28.08.2019 passed by this Court.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lbm To:

1. Additional Director General of Police, CBCID, Pantheon Road, Egmore, Chennai - 600 008.

2.The Inspector of Police, Thalambur Police Station (Traffic) Thalambur, Kancheepuram 3.ThePublic Prosecutor, High Court, Madras.

4.The Secretary, Transport Department, Chepauk, Chennai-5.

5.The Commissioner, Transport Department, Chepauk, Chennai-5.

+1cc to Mr.Vijayalakshmi, Advocate SR.34241 Crl.O.P.No.21688 of 2019 PP(CO) CB(11/01/2021)