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Madras High CourtWP/35384/2023disposed of

Mumtaj Begum v. National Medical Commission

2024-01-03Honourable Mr Justice N. Anand Venkatesh8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 03.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.35349 of 2023 and WMP No.35358 of 2023 Mrs.Mumtaj Begum ... Petitioner Vs.

1. National Medical Commission, Medical Council of India, Phase -1, Dada Dev Mandir Road, Block P, Section 8 Dwark, New Delhi - 110 077

2. District Collector, No.7/1, State Bank Road, Gopalapuram,

3. The Inspector General of Police, No.249, Coimbatore Race Course Road, Near Thomas Park,

4. Commissioner of Police, Coimbatore City Police Commissioner office, No.62, Old Post Office Road, Near Railway Station Opposite, Collector Office, Gopalapuram, 1/8

5. Deputy Superintendent of Police Office, Old Police Building campus,

6. The Deputy Superintendent of Police, Crime Branch Criminal Investigation Department (CBCID), No.800, Avinashi Road, Uppilipalayam, Rural Police Quarters,

7. The Inspector of Police, Crime Branch Criminal Investigation Department (CBCID), Grey Town, ATT Colony, Gopalapuram, Coimbatore - 641 018

8. The District Medical Officer, Race Course,

9. Hon'ble Chairman, Tamil Medical Counseling Board, No.913, Poonamalli High Road, Arumbakkam, Chennai - 600 020

10. The Dean, Coimbatore 641 018 2/8

11. The Medical Superintendent,

12. Inspector of Police, Law and Order, ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus directing the 12th respondent police to transfer the investigation in Crime No.629 of 2023 from the 12th respondent police to the 7th respondent CBCID.

For Petitioner : Mr.A.Syed Kaleesha For Respondents : Mr.Shubharanjani Ananth for R1 Mr.A.Damodaran, Additional Public Prosecutor for R2 to R12

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the transfer of investigation in Crime No.629 of 2023 from the file of the 12th respondent to the file of CBCID. 3/8

2.

Heard Mr.A.Syed Kaleesha, learned counsel for the petitioner and Mr.Shubharanjani Ananth, learned counsel for 1st respondent and Mr.A.Damodaran, learned Additional Public Prosecutor for R2 to R12.

3.

Taking into consideration the facts and circumstances of the case and on carefully going through the averments made in the affidavit filed in support of this writ petition, this Court is not inclined to transfer the investigation at this stage. It will suffice if a direction is given to the 12th respondent to proceed further with the investigation strictly in accordance with law and the 5th respondent viz., the Deputy Superintendent of Police, shall supervise the investigation done by the 12th respondent. The final report or the closure report as the case may be shall be filed as expeditiously as possible, after the completion of the investigation. 4/8

4.

This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 03.01.2024 rka Index :Yes/No Internet:Yes/No Speaking Order/Non-speaking Order To

1. National Medical Commission, Medical Council of India, Phase -1, Dada Dev Mandir Road, Block P, Section 8 Dwark, New Delhi - 110 077

2. District Collector, No.7/1, State Bank Road, Gopalapuram,

3. The Inspector General of Police, No.249, Coimbatore Race Course Road, Near Thomas Park,

4. Commissioner of Police, Coimbatore City Police Commissioner office, No.62, Old Post Office Road, Near Railway Station Opposite, 5/8

Collector Office, Gopalapuram,

5. Deputy Superintendent of Police Office, Old Police Building campus,

6. The Deputy Superintendent of Police, Crime Branch Criminal Investigation Department (CBCID), No.800, Avinashi Road, Uppilipalayam, Rural Police Quarters,

7. The Inspector of Police, Crime Branch Criminal Investigation Department (CBCID), Grey Town, ATT Colony, Gopalapuram, Coimbatore - 641 018

8. The District Medical Officer, Race Course,

9. Hon'ble Chairman, Tamil Medical Counseling Board, No.913, Poonamalli High Road, Arumbakkam, Chennai - 600 020

10. The Dean, Coimbatore 641 018 6/8

11. The Medical Superintendent,

12. Inspector of Police, Law and Order,

13. The Public Prosecutor, Madras High Court, Chennai.

7/8

N.ANAND VENKATESH,J.

rka 03.01.2024 8/8