Rajammal v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2016

CORAM:

THE HON'BLE Mr.JUSTICE R.SUBBIAH Crl.O.P.No.343 of 2016 Rajammal ... Petitioner Vs.

1.The Commissioner of Police 15 - Velampalayam Tirupur Tirupur District 2.Dy. Commissioner of Police Office of the Commissioner of Police 15 - Velampalayam Tirupur Tirupur District 3.State rep. by The Inspector of Police, Tirupur North Police Station Thirupur District, Crime No.507/2015 ... Respondents Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent to transfer the investigation from the third respondent to the second respondent in connection with Crime No.507/2015 on the file of third respondent and investigate the matter in accordance with law on the basis of the complaint given by the petitioner dated 21.12.2015 to the first respondent. For Petitioner : Mr.C.S.Saravanan For Respondents : Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition is filed praying for a direction to the first respondent to transfer the investigation from the third respondent to the second respondent in connection with Crime No.507/2015 on the file of third respondent and investigate the

matter in accordance with law on the basis of the complaint given by the petitioner dated 21.12.2015 to the first respondent. 2.In the petition it is stated that on 27.04.2015, the petitioner's grand-daughter Vimala committed suicide by consuming poison and the first respondent on the basis of the complaint given by the petitioner, a case in Crime No.507 of 2015 was registered under Section 174 of Cr.P.C. and the same has been sent to the Revenue Divisional Officer, Thiruppur for enquiry. Till date, no further action was taken and the same is pending for a long time. Hence, this petition. 3.The learned counsel appearing for the petitioner submitted that the petitioner approached the third respondent several times and the third respondent has not taken any steps to enquire into the matter and the case is pending for a long time and prayed for appropriate orders.

4.The learned Additional Public Prosecutor submitted that the matter is under investigation and it is incorrect to state that the respondent police are not properly conducting the investigation. He further stated that the enquiry under Section 174 of Cr.P.C. is pending before the Revenue Divisional Officer, Thiruppur and once they receive the report from the Revenue Divisional Officer, Thiruppur, the respondents would complete the investigation.

5.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor. 6.In view of the submissions made on either side, this Court directs the respondent police to expedite the investigation and complete the same as early as possible.

7.This Criminal Original Petition is ordered accordingly. Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

pri

To 1.The Commissioner of Police 15 - Velampalayam Tirupur Tirupur District 2.The Deputy Commissioner of Police Office of the Commissioner of Police 15 - Velampalayam Tirupur Tirupur District 3.The Inspector of Police, Tirupur North Police Station Thirupur District, 4.The Public Prosecutor High Court, Madras.

+ 1 CC to Mr.S.Kolandasamy, Advocate SR 1061 Crl.O.P.No.343 of 2016 TEJ[CO] EU/11.1