Madras High CourtCRL OP/26009/2019closed

M.Thangavel v. The Commissioner Of Police,

2019-09-26Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26009 of 2019 M.Thangavel ..

Petitioner Vs.

1.The Commissioner of Police, Sirpooluvapatti, Tirupur City, Tirupur - 641 687.

2.The Assistant Commissioner of Police, Tirupur North Police Station, Kumaran Road, Kannapiran Colony, Valipalayam, Tirupur - 641 602.

3.The Inspector of Police, Anuporapalaiyam Police Station, Tirupur .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to transfer the investigation in Crime No.406/2019 on the file of the 3rd respondent to some other lawful investigation agency for lawful and fairs investigation.

For Petitioner : Mr.V.Vijayakumar For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

ORDER

The grievance of the petitioner is that there is a strong suspicion from his side that the death of his brother is a murder. The enquiry under Section 171 is still pending and since the death had occurred only on 15.05.2019, it would be too early to take a decision on the suspicion raised by the petitioner, but, on the other hand, it would be appropriate for the petitioner to await the inquest report. As such, the prayer sought for in the present Criminal Original Petition is premature. https://hcservices.ecourts.gov.in/hcservices/

2.Nevertheless, if the petitioner is of the view that the inquest report or the further investigation is not in accordance with law or he has any other apprehension that the investigation is biased, it is always open to him to file another petition seeking for transfer.

3. With the above liberty, the present Criminal Original Petition stands closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar jas To 1.The Commissioner of Police, Sirpooluvapatti, Tirupur City, Tirupur - 641 687.

2.The Assistant Commissioner of Police, Tirupur North Police Station, Kumaran Road, Kannapiran Colony, Valipalayam, Tirupur - 641 602.

3.The Inspector of Police, Anuparapalaiyam Police Station, Tirupur 4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Vijaya Kumar, Advocate, S.R.No. 82621 Crl.O.P.No.26009 of 2019 PP(CO) GN(06/11/2019) https://hcservices.ecourts.gov.in/hcservices/