Madras High CourtCRL OP(MD)/2101/2021disposed of

M.Subha v. The Superintendent Of Police

2021-02-11Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2101 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.2101 of 2021 M.Subha ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District Dindigul.

2.The Deputy Superintendent Of Police, Vedasandur, Dindigul.

3.The Inspector of Police, Vedasandur Police Station, Dindigul District Cr. No. 2/2021.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the first respondent herein to transfer the investigation of the complaint given by the petitioner dated 31.01.2021 from the second respondent to investigate /third Respondent herein and to file a Report before this Court within the time stipulated by this Court.

For Petitioner : Mr.M.Ravikumar For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The petitioner has filed the present petition under Section 482 of Code of Criminal Procedure seeking for a direction to the first respondent to transfer the investigation.

2.The learned counsel for the petitioner would submit that the husband of the petitioner met with an accident and subsequently, he died in the hospital. The respondent police failed to make necessary enquiries and also failed to examine the eye witnesses stated by the petitioner and prayed the investigation to be transferred to some other police.

3.The learned Government Advocate would submit that initially the case was registered under Section 174 Cr.P.C., self accident was recorded. After enquiry, the case is altered into Sections 279 and 304(A) I.P.C. and the respondent police are tracing the accused. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2101 of 2021 4.In the above circumstances, the respondents are directed to enquire the witnesses stated by the petitioner and after considering their statement, to fix the accused and to file a charge sheet before the concerned Court within a period of two months from today. 5.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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 Superintendent of Police, Dindigul District Dindigul.

2.The Deputy Superintendent Of Police, Vedasandur, Dindigul.

3.The Inspector of Police, Vedasandur Police Station, Dindigul District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.2101 of 2021 11.02.2021 (ARK)CO AP(15/02/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2