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Madras High CourtCRL OP/2091/2025disposed of

S.Meera v. The Superintendent Of Police

2025-02-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2091 of 2025 and Crl.M.P.No.1282 of 2025 S.Meera ... Petitioner Vs.

1.The Superintendent of Police, Mayiladuthurai, Mayiladuthurai District 609 001.

2.The Deputy Superintendent of police, Mayiladuthurai, Mayiladuthurai District 609 001.

3.The Inspector of Police, Poombuhar Police Station, Mayiladuthurai District.

4.The Superintendent of Police, CBCID, Mayiladuthurai, Mayiladuthurai District. ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the first respondent to transfer the investigation in Crime No.92 of 2024 pending on the file of the third respondent and entrust the same to the fourth respondent for fair investigation and to file the final report within a time frame fixed by this Court.

For Petitioner : Mr.R.Chakkaravarthy For Respondents : Mr.S.Vinoth Kumar, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to transfer the investigation in Crime No.92 of 2024 pending on the file of the third respondent to the fourth respondent

2. The learned Government Advocate (crl.side) would submit that a case has been registered for the offence under Section 106 and 281 of BNS Act, 2023. It is stated that the deceased was a pillion rider on the motorcycle of his neighbour. While proceeding on their two-wheeler, a dog crossed the road, causing them to fall. As a result, the pillion rider succumbed to injuries. After the registration of FIR, the investigation is nearing completion and the third respondent is awaiting the final opinion of the Doctor to ascertain the cause of death. That apart, it is noted that the petitioner was under the influence of alcohol at the time of the incident.

3. Considering the fact that the investigation is almost completed, this Court finds that transferring the investigation at this stage would adversely affect the work already done by the third respondent. Accordingly, the Criminal Original petition stands disposed of with a direction to the third respondent to complete the investigation and file the final report within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

13.02.2025 : Yes/No Speaking/non-speaking order shk

G.K.ILANTHIRAIYAN, J.

shk To 1.The Superintendent of Police, Mayiladuthurai, Mayiladuthurai District 609 001.

2.The Deputy Superintendent of police, Mayiladuthurai, Mayiladuthurai District 609 001.

3.The Inspector of Police, Poombuhar Police Station, Mayiladuthurai District.

Crl.O.P.No.2091 of 2025 and Crl.M.P.No.1282 of 2025 4.The Superintendent of Police, CBCID, Mayiladuthurai, Mayiladuthurai District.

5. The Public Prosecutor, High Court, Madras.

13.02.2025