Arumugam, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD).No.2134 of 2019 Arumugam ... Petitioner Vs 1.The Superintendent of Police, CBCID, CBCID Office, Chennai.

2.The Superintendant of Police, Madurai, Madurai District.

3.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

4.The Revenue Divisional Officer, Usilampatti Sub-Division, Madurai District.

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, directing the first respondent herein to withdraw the investigation in Crime No.6 of 2019, on the file of the third respondent herein and to transfer the same to the first respondent herein to conduct thorough investigation in Crime No.6 of 2019, in accordance with law. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The present petition is filed to transfer of investigation alleging that the petitioner's son Vishal, who was doing his 10th Standard was reported to have died drown on 13.01.2019. The short case of the prosecution is that while the petitioner and his family, except his son Vishal, was away on pilgrimage to Palani, Vishal found a companion with his friend, went to the Well in certain Udhakumar's garden for taking bath. He then chose to jump from the edge of the Well where his friend was already there. Accidently, during the jump, he hit the head of his friend and got drowned and died.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents.

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3.The postmortem has been conducted and status report as instructed by this Court on the earlier posting too was filed. The status report indicates that is was a case of accidental death. However, the investigation is yet to be completed. Since there are no major allegations that lends suspicion to the ongoing investigation process, this Court merely directs the Deputy Superintendant of Police, Usilampatti, to oversee the ongoing investigation in Crime No.06 of 2019 and ensure the investigation is along with the proper track taken to its logical end. 4.With the above direction, the Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Superintendent of Police, CBCID, CBCID Office, Chennai.

2.The Superintendant of Police, Madurai, Madurai District.

3.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

4.The Revenue Divisional Officer, Usilampatti Sub-Division, Madurai District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.J.SENTHIL KUMARAIAH, Advocate Sr. No. 55376 Crl.O.P.(MD).No.2134 of 2019 19.03.2019 TR (08.04.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/