Mrs.M.Sopiya v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No.8482 of 2017 and W.M.P.Nos.9272 to 9275 of 2017 M.Sopiya ....

Petitioner Vs

1. The State of Tamil Nadu, rep. by its Secretary, Home Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police, O/o. The Director General of Police, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, O/o. The Commissioner of Police, Greater Chennai Police, Veppery, Chennai - 600 007.

4. The Assistant Commissioner of Police, Thuraipakkam Police Station, Thoraipakkam, 1/6

5. The Inspector of Police (L & O), J-11, Kannagi Nagar Police Station,

6. The Sub-Inspector of Police (L & O), J-11, Kannagi Nagar Police Station,

7. Vivekanandan

8. Karthik

9. Panneer

10. Bhai

11. The Dean, Rajiv Gandhi Government General Hospital, Park Town, Chennai - 600 003.

....

Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the respondents 1 to 4 herein to transfer the investigation of petitioner's complaint dated 21.03.2017 to some other independent investigating agency and take necessary action against the respondents 7 to 10 and to direct the respondents 1 to 3 herein to pay a compensation of Rs.1,00,00,000/- (Rupees One Crore only) to the petitioner's family based on her representation dated 21.03.2017.

For Petitioner :

Mr.S.Kumaradevan For R1 to R6 & R11 :

Mr.L.Baskaran Government Advocate (Crl.Side) For R7 to R10 :

Notice served

ORDER

This Writ Petition has been filed for transfer of investigation of the complaint dated 21.03.2017 from the file of the respondents 1 to 4 to 2/6

the file of some other independent investigating agency.

2. On instructions, the learned Government Advocate (Crl.Side) appearing for the respondents 1 to 6 & 11 submitted that on receipt of the complaint, the fifth respondent, viz., the Inspector of Police, Kannagi Nagar Police Station, Chennai, has registered FIR in Crime No.632 of 2017 for the offence under Section 174 of Cr.P.C. After detailed investigation, the action was dropped, since the deceased would appear to have died due to the effect of Cervical Spin Injured Chemical Analysis of Viscera did not defect alcohol or other poison.

3. Recording the said submission, this Writ Petition stands closed. However, the fifth respondent is directed to serve the copy of the closure report in Crime No.632 of 2017 to the petitioners within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is at liberty to file a protest petition before the concerned Jurisdictional Magistrate Court. Consequently, connected miscellaneous petitions are closed. No costs. 16.10.2023 Index:Yes/No Internet:Yes/No 3/6

Lpp To

1. The Secretary, Home Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police, O/o. The Director General of Police, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, O/o. The Commissioner of Police, Greater Chennai Police, Veppery, Chennai - 600 007.

4. The Assistant Commissioner of Police, Thuraipakkam Police Station, Thoraipakkam,

5. The Inspector of Police (L & O), J-11, Kannagi Nagar Police Station,

6. The Sub-Inspector of Police (L & O), J-11, Kannagi Nagar Police Station,

7. The Dean, Rajiv Gandhi Government General Hospital, Park Town, Chennai - 600 003.

4/6

G.K.ILANTHIRAIYAN,J.

Lpp W.P.No.8482 of 2017 and W.M.P.Nos.9272 to 9275 of 2017 5/6

16.10.2023 6/6