P.Mani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA P.Mani ... Petitioner Vs.

1.The Superintendent of Police, 2.The Dean, Government Rajaji Hospital, Madurai, Madurai District.

3.The Deputy Superintendent of Police, 4.The State Rep. by The Inspector of Police, (Law and Order), Baltalagundu Police Station, Dindigul District.

(Crime No.469 of 2019) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to transfer the investigation in Crime No.469 of 2019 pending on the file of the fourth respondent.

For Petitioner : Mr.G.Kannan For Respondents : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

This petition has been filed seeking for a direction to the first respondent to transfer the investigation in Crime No.469 of 2019 on the file of the fourth respondent.

2.The main grievance of Mr.G.Kannan, learned counsel for the petitioner is that the petitioner's son was murdered on 03.10.2019 and that though the petitioner lodged a complaint with the fourth 1/3

respondent against four named persons, the fourth respondent did not conduct the investigation properly.

3.Mr.A.Robinson, learned Government Advocate (Criminal side) who accepts notice on behalf of the respondents, on instructions, would contend that the action was dropped in Crime No.469 of 2019, since the petitioner's son fell into a Well, sustained grevious injuries and succumbed to it. He also produced a copy of closure report before this Court.

4.Recording the said submissions made by the learned Government Advocate (Criminal side), the fourth respondent is directed to file the said report before the learned Judicial Magistrate, Nilakottai, after giving notice to the petitioner/defacto complainant within a period of two weeks from the date of receipt of a copy of this order. The petitioner can file a protest petition before the Magistrate concerned, if he is so advised.

5.With the above observation, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Judicial Magistrate, Nilakottai.

2.The Superintendent of Police, 3.The Dean, Government Rajaji Hospital, Madurai, Madurai District.

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4.The Deputy Superintendent of Police, 5.The Inspector of Police, (Law and Order), Baltalagundu Police Station, Dindigul District.

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

+1 CC to Mr.G.KARNAN, Advocate ( SR-2304[F] dated 29/01/2021 ) 27.01.2021 KM (15.02.2021) 3P 8C 3/3