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Madras High CourtCRL OP/23137/2019disposed of

A.Babu, S/O.M.Amirthalingam v. The Director General Of Police,

2019-09-17Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.No.23137 of 2019 A.Babu ... Petitioner representation. by Power of Attorney V.Srinivasan Vs.

1. The Director General of Police, Office of the Director General of Police, Dr. Radhakrishnan Road, Chennai.

2. The Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai - 600 011.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in respect of Crime No.994 of 2018 on the file of 2nd respondent police to any other agency.

For Petitioner : Mr.K.Venkateswaran For Respondents : Mr.C.Iyapparaj Additional Public Prosecutor

O R D E R

The grievance of the petitioner is that though the FIR was registered on 06.09.2018, there is no sufficient progress in the investigation. It is also submitted by the learned counsel for the petitioner that he had provided with certain evidences implicating the possibility of wife and her family members being involved in death of his mother, which aspect, has not been taken into account by the investigation officer. 2.The learned Additional Public Prosecutor, on the other hand, submitted that thorough detailed investigation was made in the instant case. Accordingly to the learned Additional Public https://hcservices.ecourts.gov.in/hcservices/

Prosecutor, even after the mother of the petitioner was buried, her body came to be exhumed and further postmortem was conducted. Based on the postmortem report, the Revenue Divisional Officer also conducted detailed enquiry. Therefore, the learned Additional Public Prosecutor submitted that the investigation is being conducted in a proper manner. 3.Though on a prima facie view, it cannot be said that the investigation has not been properly conducted, in view of the submissions of the learned counsel for the petitioner, this Court is of the considered view that if the investigation is directed to be monitored by a higher official, the ends of justice could be secured.

4.In the light of the above observations, the 2nd respondent herein is called up on to complete the investigation in Crime No.994 of 2018, within a period of eight weeks from the date of receipt of a copy of this order. Such an investigation shall be monitored on day-to-day basis by the Assistant Commissioner of Police, Perambur.

5.Accordingly, this criminal original petition is disposed of.

ssr/bkn Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Director General of Police, Office of the Director General of Police, Dr. Radhakrishnan Road, Chennai.

2. The Inspector of Police, K-1, Sembium Police Station, Perambur, Chennai - 600 011.

3. The Public Prosecutor, High Court of Madras,Chennai.

4. The Assistant Commissioner of Police, Perambur.

+1cc to Mr.K.Venkateswaran, Advocate, SR.No.80401 Crl.O.P.No.23137 of 2019 Kak(30/10/2019) https://hcservices.ecourts.gov.in/hcservices/