A.Padmanaban v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 29936 of 2019 A.Padmanaban

...Petitioner

Vs.

1.The State of Tamilnadu, Rep by its Superintendent of Police, Coimbatore Rural District.

2.Sub Inspector of Police, Sulur Police Station, Coimbatore District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. Praying to direct the 2nd Respondent to take immediate steps to handover the investigation to CB CID of the Coimbatore District or any other specialized agency with regard to the death of the Petitioner's daughter Shobana D/o. Padmanaban, which is reported in C.R.No.605 of 2019 on the file of the Sub Inspector of Police, Sulur Police Station, Coimbatore District. For Petitioner : Mr.P.Paramasiva Doss For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

This petition has been filed to transfer of investigation pending in Crime No.605 of 2019 registered under Section 174 of Cr.P.C., by the second respondent herein.

2.

Learned Counsel for the petitioner submits that deceased found dead in a sleeping position and there is a valid reason for suspicious death. Even then, the second respondent did not conduct proper investigation and it is still pending without doing any further investigation.

3.

Learned Additional Public Prosecutor for the respondents submits that a case was registered under Section 174 https://hcservices.ecourts.gov.in/hcservices/

of Cr.P.C., in Crime No.605 of 2019 by the second respondent herein. The second respondent is yet to receive final opinion from the medical expert and as such they could not able to file a final report and could not able to alter the offence to the offences under Section 306 IPC.

4.

Considering the above submission made by the learned Additional Public Prosecutor, at this juncture the change of investigation would affect the entire investigation. However, the second respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The first respondent is directed to monitor the investigation done by the second respondent and also ensure that the second respondent shall comply with the order passed by this Court.

5.

With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Coimbatore Rural District.

2.The Sub Inspector of Police, Sulur Police Station, Coimbatore District.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.29936 of 2019 ca[co] srg 27/07/2020 https://hcservices.ecourts.gov.in/hcservices/