Vasuki v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.1613 of 2020 Vasuki ..Petitioner Vs.

1.The Superintendent of Police, Trichy District,Trichy.

2.The Inspector of Police, Musiri Police Station, Musiri,Trichy District.

3.The Joint Director & Head of Zone, Central Bureau of Investigation, 3rd Floor, E.V.Sambath Building, College Road, Chennai-6.

4.Seethakutti .. Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent to withdraw the investigation in Crime No.10 of 2020 on the file of the second respondent and transfer it to the file of the third respondent or any other appropriate agency to conduct fair and free investigation and file a final report before the Jurisdictional Magistrate.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.S.Chandrasekar 1 & 2 Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the first respondent to withdraw the investigation in Crime No.10 of 2020 on the file of the second respondent and transfer it to the file of the third respondent or any other appropriate agency to conduct fair and free investigation and file a final report before the Jurisdictional Magistrate.

2.The learned Counsel appearing for the petitioner submitted that while the petitioner's son was studying 11th standard in Chellammal Vidhyaashram CBSE School, Musiri, Trichy District he committed suicide by hanging in respect of which, a case in Crime No.10 of 2020 has been registered under Section 174 of Cr.P.C. He would further submit that there is a specific allegations against the fourth respondent and that due to abetment of the accused/fourth respondent, the petitioner's son has committed suicide by hanging. The respondent police has not conducted investigation in a proper manner and therefore, he prays to transfer the investigation. https://hcservices.ecourts.gov.in/hcservices/

3.The learned Additional Public Prosecutor would submit that based on a complaint given by the petitioner, the second respondent police has registered a case in crime No.10 of 2020 for the offence under Section 174 Cr.P.C and after due enquiry, it has been altered to one under Section 306 of IPC. He would further submit that the respondent police has duly conducted investigation in a fair manner. He would further submit that if the petitioner has any grievance against the second respondent, a direction may be issued to the superior officer to monitor the investigation. 4.At this Juncture, the learned counsel appearing for the petitioner would submit that it is suffice that a direction may be issued to the first respondent to monitor the investigation. 5.

Considering the submission made by the learned Additional Public Prosecutor, this criminal original petition stands closed. However, a direction is issued to the Deputy Superintendent of Police, Musiri, Trichy District to monitor the investigation done by the second respondent in Crime No.10 of 2020.

1.The Superintendent of Police, Trichy District,Trichy.

2.The Inspector of Police, Musiri Police Station, Musiri,Trichy District.

3.The Joint Director & Head of Zone, Central Bureau of Investigation, 3rd Floor, E.V.Sambath Building, College Road,Chennai-6.

4.The Deputy Superintendent of Police, Musiri, Trichy District.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-4293[F] dated 31/01/2020 ) Crl.O.P.(MD).No.1613 of 2020 SMA/28/02/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/