C.Sankaralingam v. The Commissioner Of The Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.23437 of 2024 C.Sankaralingam ... Petitioner Vs.

1 The Commissioner of the Police, The Greater Chennai Corporation, Veppery, Chennai.

2. The Deputy Commissioner of Police, 1st Floor, H-5, Police Station, Chennai.

3. The Assistant Commissioner of Police, 1st Floor, H-3, Tondiyarpet Police Station, Chennai.

4. The Inspector of Police, CBCID, Chennai.

5. The Inspector of Police, TIW-Washermenpet Police Station, Washermenpet.

6. The Inspector of Police, H-8, Thiruvottriyur Police Station, Thiruvottriyur, Chennai. .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C/528 of BNSS Act to withdraw the investigation in Cr.No.32 of 2024 on the file of the respondent 5th respondent and transfer the same to the 4th respondent and direct to file the final report within stipulated period.

For Petitioner : Mr.B.Karthik 1/5

For Respondents : Mr. S.Udayakumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to transfer the investigation of Motor Accident Case registered in Cr.No.32 of 2024 on the file of the 5th respondent police to any other investigating agency.

2. The case of the petitioner is that there is a dispute between the accident victim and one Sabarimalaiyan regarding Thiruthangal Nadar Uravinmurai Dharma Fund Sangam and there was life threat to the petitioner from one Chellapazham and Sabarimalaiyan. While so, on 26.03.2024 two motor cycles dashed against the petitioner and caused fractured injury, one of the motor cycles bearing Regn.No.TN-07-CA5069 is owned by Sabarimalaiyan. Inspite of that the 6th respondent police has not conducted the enquiry properly, therefore complaint to the higher officials been given that there is no progress in the investigation. Hence, the case has been transferred into some other agency.

3. Learned Government Advocate (Crl.side) submits that the said 2/5

Sabarimalaiyan been enquired and he has produced documents to show that during the relevant point of time he was not in the town and produced marriage invitation and Theni. The C.C.Tv.footage from his house as well as the scene of occurrence collected and matter has been investigated. After examination of C.C.Tvfootage, necessary action will be taken based on the clues and evidence collected.

4. Considering the progress and the line of investigation conducted by the 6th respondent, this Court is of the view that there is necessity to transfer the investigation to any other investigating agency, but, directs the 6th respondent to collect the C.C.Tv.footage and proceed based on the informations gathered from footage.

5. Accordingly, this Criminal Original Petition is disposed of. .

25.09.2024 Vv To 3/5

1. The Commissioner of the Police, The Greater Chennai Corporation, Veppery, Chennai.

2. The Deputy Commissioner of Police, 1st Floor, H-5, Police Station, Chennai.

3. The Assistant Commissioner of Police, 1st Floor, H-3, Tondiyarpet Police Station, Chennai.

4. The Inspector of Police, CBCID, Chennai.

5. The Inspector of Police, TIW-Washermenpet Police Station, Washermenpet.

6.The Public Prosecutor, High Court of Madras.

4/5

Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.23437 of 2024 25.09.2024 5/5