Madras High CourtCRL OP(MD)/772/2022disposed of

S.Nithya v. The Superintendent Of Police

2022-01-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.772 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.772 of 2022 S.Nithya ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Nagudi Police Station, Aranthangi Taluk, Pudukkottai District.

Crime No.78 of 2021 ... Respondents/Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation of the case in Crime No.78 of 2021 pending on the file of the 2nd respondent police to any other competent police for proper investigation.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

The petitioner is the defacto complainant in Crime No.78 of 2021 registered on the file of Nagudi Police Station. The case was registered for the offence under Section 304(A) of IPC. The FIR reads as if the petitioner's husband had travelled with a close relative as a pillion rider and that he had fallen down on his own and suffered injury and died later. The stand of the petitioner is that her husband had gone out for a walk and that it is case of hit and run accident. According to her, her signature was obtained in plain sheet and the FIR had been registered by the second respondent entirely on their own. Since the petitioner has serious misgivings regarding the manner of investigation, she wants transfer of investigation.

2.Taking note of all the facts and circumstances, I direct the jurisdictional Deputy Superintendent of Police to personally monitor the investigation. The jurisdictional Deputy Superintendent of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.772 of 2022 Police will also take note of the stand expressed by the petitioner herein. The final report shall be filed on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

3.This criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Nagudi Police Station, Aranthangi Taluk, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.772 of 2022 12.01.2022 MGJ(02.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2