K.Kaliyamoorthy v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.3844 of 2016 K. Kaliyamoorthy Petitioner vs.

State represented by:

The Superintendent of Police Office of the Superintendent of Police Cuddalore The Inspector of Police Panruti Police Station Cuddalore District Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the first respondent to withdraw the FIR in Cr.No.372 of 2015 from the second respondent and transfer the investigation to some other agencies and investigate the case in Crime No.372 of 2015 and to file a Final Report before the competent court.

For petitioner Mr. K. Gandhi Kumar For respondents Mr. C. Emalias Additional Public Prosecutor

ORDER

This petition has been filed seeking a direction to the first respondent to withdraw the FIR in Cr.No.372 of 2015 from the second respondent and transfer the investigation to some other agency and investigate the case in Crime No.372 of 2015 and to file a Final Report before the competent court. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. On the complaint given by the petitioner in connection with the suicide of his daughter, the respondent police registered a case in Cr.No.372/2015 on 28.06.2015 under Section 174 Cr.P.C. During the pendency of the investigation, the petitioner has filed this present case, alleging that the https://hcservices.ecourts.gov.in/hcservices/

investigation is not going on in the right lines and therefore, it should be transferred from the file of the Inspector of Police, Panruti, to any specialised agency.

Today, when the matter was called, learned Additional Public Prosecutor submitted that the Deputy Superintendent of Police, Panruti, has taken over the investigation of the case in Cr.No.372/2015 and has altered the FIR from one under Section 174 Cr.P.C. to one under Sections 498-A and 306 IPC. In view of the above, this Court is of the view that it may not be necessary to transfer the investigation to any other agency. The Deputy Superintendent of Police, Panruti, is directed to expeditiously conduct the investigation and take action in accordance with law and file the Final Report within a period of six months from the date of receipt of a copy of this order. A copy of this order shall be marked to the Deputy Superintendent of Police, Panruti.

This Criminal O.P. Stands disposed of with the above directions.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gms/cad To 1 The Superintendent of Police Office of the Superintendent of Police Cuddalore 2 The Deputy Superintendent of Police, Panruti 3 The Inspector of Police Panruti Police Station Cuddalore District 4 The Public Prosecutor, High Court of Madras Chennai 600 104 Crl.O.P. No.3844 of 2016 sv(co) aa16/06/2016 https://hcservices.ecourts.gov.in/hcservices/