Sanmugam v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.[MD].No.2557 of 2019 Sanmugam : Petitioner / De facto Complainant /Vs./ 1.The Director General of Police, Office of the Director General of Police, No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Additional Director General of Police (CB-CID), Office of the Additional Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3.The Superintendent of Police, Office of the Superintendent of Police, Puthukottai District.
4.The Inspector of Police, Karambakudi Police Station, Puthukottai District.
: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent no.1 to withdraw the case in Crime No.26 of 2019 on the file of the respondent no.4 and entrust the same to the respondent no.2 for complete the investigation and file charge sheet within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.V.Neelakandan Additional Public Prosecutor
ORDER
The present petition is filed seeking transfer of investigation in Crime No.26 of 2019 registered under Section 302 IPC.
2. The learned counsel appearing for the petitioner submits that the petitioner's daughter Miss.Mahalakshmi was in love with the accused for close to 10 years, that when he chose to ignore
her, to marry another woman, she raised protest, that on the fateful day, she received a cellphonic call, that she went to respond the call, but she did not return. She was found murdered with multiple stab injuries and cut injuries all over her body. Her lover / the accused too suffered some injuries.
3. The learned Additional Public Prosecutor submitted that the accused person has suffered injuries and investigation has not yet ruled out possibilities of other persons engaged in the offence and their investigation is underway. He also added that the prosecution must obtain reasonable time to collect and collate the evidence.
4. Whether the accused is a victim or part of the group that organises murder is a matter for investigation to reveal.
5. For the present, this Court considers that this petition is bit premature as offence has taken place barely about 40 days ago, and with no eye witnesses to the occurrence and as on date the only witness to the occurrence appears to be the accused himself. There can be twist and multiple twists in the ongoing investigation, but to regulate and channelize them in a right direction, this Court now directs the third respondent to monitor the ongoing investigation either directly or through any other officer superior in rank to the fourth respondent and expedite the process of investigation without any let. Accordingly, this criminal original petition is disposed of.
Sd/- Assistant Registrar (ADI) // True Copy // Sub Assistant Registrar(CS) To 1.The Director General of Police, Office of the Director General of Police, No.601, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
2.The Additional Director General of Police (CB-CID), Office of the Additional Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.
3.The Superintendent of Police, Office of the Superintendent of Police, Puthukottai District.
4.The Inspector of Police, Karambakudi Police Station, Puthukottai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
SM Crl.O.P.[MD].No.2557 of 2019 11.03.2019 KM/(10.04.2019) 3P 6C