Madras High CourtCRL OP(MD)/5312/2019disposed of

N.K. Sundhararajan v. The Superintendent Of Police

2019-04-25Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.5312 of 2019 N.K.Sundhararajan : Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Madurai & District.

2.The Sub Inspector of Police, Kadupatty Police Station, Madurai District.

Crime No.167 of 2018 3.The Inspector of Police, Special Investigation Team, CBCID, Madurai District.

: Respondents/Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in connection with the Crime No.167 of 2018 dated 30.10.2018 on the file of the second respondent to the third respondent and direct the third respondent to conduct further investigation.

For Petitioners : M/s.R.Karthika for M/s Right Law Associates For R-1 to R-3 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This petition has been filed to transfer the investigation in connection with the Crime No.167 of 2018 dated 30.10.2018 on the file of the second respondent to the third respondent and direct the third respondent to conduct further investigation.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the official respondents.

3. The learned counsel for the petitioner submitted that the petitioner's died in an road accident and at the relevant point of time he was a pillion rider of a two wheeler. But the entire case has been registered against him.

4. The learned Additional Public Prosecutor submitted that as per the police case, the petitioner's son is responsible for the accident and the case has been abated since he died. https://hcservices.ecourts.gov.in/hcservices/

5. Since the petitioner claims to have some special knowledge as to how the accident has taken place, he is now directed to share the same with the first respondent and the first respondent, upon satisfying the prima facie merit of the same, is required to reopen the case for further investigation.

6. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS- ) ta To 1.The Superintendent of Police, Madurai & District.

2.The Sub Inspector of Police, Kadupatty Police Station, Madurai District.

Crime No.167 of 2018 3.The Inspector of Police, Special Investigation Team, CBCID, Madurai District.

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

+1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-62608[F] dated 25/04/2019 ) Crl.O.P.[MD]No.5312 of 2019 25.04.2019 ES/11.06.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/