Madras High CourtCRL OP(MD)/2226/2021allowed

Pandiammal v. The Superintendent Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.2226 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.2226 of 2021 Pandiammal ...Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

3.The Inspector of Police, Ammayanaickanur Police Station, Nilakottai Taluk, Dindigul District.

(In Crime No.700/2020)

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue an order or direction to the first respondent to withdraw the complaint in case bearing FIR No.Cr.No.700/2020 on the file of third respondent and transfer the same to some other competent investigation agency.

For Petitioner : Mr.S.Vellaichamy For Respondents : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)

ORDER

Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2.The petitioner is the defacto complainant in Crime No.700 of 2020 registered on the file of Ammayanaickanur police station. The petitioner's daughter committed suicide by hanging. Hence the said FIR was registered under Section 174(3) of Cr.P.C. 3.Marriage between the petitioner's daughter and the Pandiyarajan took place on 20.08.2018. The suicide had taken place https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2226 of 2021 on 07.08.2020. The petitioner alleges that there was dowry demand. The death of married woman had taken place within two years from the date of marriage. It should be taken very seriously. The petitioner states that the third respondent has not conducted proper investigation. In order to dispel the petitioner's misgivings, the first respondent is directed to transfer the investigation from the file of the third respondent and entrust the same in the hands of the some other officer. The Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 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.

2.The Deputy Superintendent of Police, Nilakottai Taluk, Dindigul District.

3.The Inspector of Police, Ammayanaickanur Police Station, Nilakottai Taluk, Dindigul District.

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

Crl.O.P.(MD)No.2226 of 2021 31.01.2022 MGJ(09.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2