R.Murugan v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.29748 of 2018 and Crl.MP.No.17440 of 2018 R.Murugan ... Petitioner Vs.

1. The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri.

2. The Superintendent of Police, Krishnagiri, Krishnagiri District.

3. The Deputy Superintendent of Police, Krishnagiri, Krishnagiri District.

4. The Inspector of Police, Samalpatty Police Station, Samalpatty, Krishnagiri District.

(Crime No.174/2018).

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation from the file of the respondents 1, 3 and 4 herein to any other investigation officer.

For Petitioner : Mr.R.Baskar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor (for R2 to R4)

ORDER

This petition has been filed seeking for the transfer of investigation pending on the file of the fourth respondent in Crime No.174/2018.

2. The petitioner is the father of the deceased. The daughter of the petitioner died on 08.12.2018 under suspicious circumstances. Even though, it was claimed to be suicide by hanging, the petitioner suspects that she was beaten to death.

3. Based on the complaint given by the mother of the deceased, an F.I.R has been registered by the fourth respondent under Section 174(3) of Cr.P.C., It is the apprehension of the petitioner that the fourth respondent is trying to close the case in a hasty manner. Therefore, the present petition has been filed seeking for transfer of investigation.

4. The learned Additional Public Prosecutor on instructions would submit that the investigation is being conducted strictly in accordance with judgment of this Court in P.Radhakrishnan v. Superintendent of Police 2018 SCC OnLine Mad 3447. The learned Counsel would further submit that the representation given by the petitioner on 12.12.2018, will also to be considered in the course of investigation.

5. In view of the specific stand taken by the learned Additional Public Prosecutor, there shall be a direction to the fourth respondent to continue the investigation strictly in accordance with the guidelines given by this Court in the Judgment referred supra. The fourth respondent shall also take into consideration the materials given by the petitioner and also her representation dated 12.12.2018, in the course of the investigation and proceed further in accordance with law.

6. The Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar

vv/ub To 1.The Revenue Divisional Officer, Revenue Divisional Office, Krishnagiri.

2. The Superintendent of Police, Krishnagiri, Krishnagiri District.

3. The Deputy Superintendent of Police, Krishnagiri, Krishnagiri District.

4. The Inspector of Police, Samalpatty Police Station, Samalpatty, Krishnagiri District.

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

+1cc to Mr.R.Baskar, Advocate sr.88206 Crl.O.P.No.29748 of 2018 and Crl.MP.No.17440 of 2018 srg 21/12/2018