R.Purushothaman v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Crl.OP. No.29986 of 2022 R.Purushothaman .. Petitioner -vs1.The Superintendent of Police, Chengalpet District.

2.The Inspector of Police, Melmaruvathur Police Station, Chengalpet District.

.. Respondents Prayer: Petition filed under Section 482 of Cr.P.C. to transfer the investigation of Crime No.226 of 2022 on the file of the second respondent to some other competent authority under the jurisdiction of the first respondent.

For Petitioner :

Mr.T.Balaji For Respondents :

Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

This petition is filed seeking a direction to the respondents to transfer the investigation of Crime No.226 of 2022 on the file of the 1/4

second respondent to some other competent authority under the jurisdiction of the first respondent.

2.The learned counsel for the petitioner submitted that originally this case was registered against the accused in this case, namely, Chinnakannu, Shanthi and Dhasarathan for the offence under Sections 294(b), 323, 324, 506(ii) of I.P.C. on 05.09.2022 in Crime No.226 of 2022 of 2022 at Melvaruvathur Police Station. Subsequently, the victim succumbed to injuries and therefore, the First Information Report was altered for the offence under Section 302 I.P.C. The learned counsel for the petitioner further submitted that accused Chinnakannu and Shanthi went on Anticipatory Bail and the respondent police is not taking effective steps to investigate and file a final report in this case. Even during the course of investigation, accused 1 and 2 have threatened Kanniyammal, daughter of the deceased on 04.09.2022.

A complaint in this case was given on 09.11.2022. Again a complaint was given on 14.11.2022. One Police Constable Elumalai working under the second respondent is influencing the second respondent and trying to prevent the course of investigation. Therefore, investigation has to be transferred to some other police station.

2/4

3.The learned Government Advocate (Crl. Side) opposed this petition on the ground that the investigation has been carried out properly. He further submitted that the investigation in this case almost completed and the Investigating Officer is waiting for receipt of viscera report and for final opinion with regard to cause of death of the deceased.

4.This Court heard the submissions made on either side and perused the documents available on record.

5.In view of the fact that the investigation in this case is almost completed, this Court finds no reason for transferring the investigation to some other authority. However, the concerned Deputy Superintendent of Police is directed to get/approve the final report before filing the same in the Court.

6.With the above observation and direction, this petition stands disposed of. No costs.

05.12.2022 vga 3/4

G.CHANDRASEKHARAN, J.

vga To 1.1.The Superintendent of Police, Chengalpet District.

2.The Inspector of Police, Melmaruvathur Police Station, Chengalpet District.

3.The Public Prosecutor, High Court, Madras.

Crl.OP. No.29986 of 2022 05.12.2022 4/4