Madras High CourtCRL OP(MD)/5826/2019disposed of

S. Kulandai Mari, v. The Superintendent Of Police

2019-04-23Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5826 of 2019 S.Kulandai Mary ... Petitioner Vs.

1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, Samayapuram Police Station, Trichy District.

3.The Inspector of Police, CBCID, Trichy, Trichy District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation of Crime No.277 of 2018 from the second respondent to third respondent.

For Petitioner : Mr.M.Mohan Gandhi For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The present petition is filed seeking transfer of investigation of a case in Crime No.277 of 2018 registered for offences under Sections 279, 337 altered into Sections 279, 337 and 304(A) IPC.

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

3. The petitioner herein submits that while her husband along with child were travelling in a motor cycle, one Ambulance came rashly and hit on the right side of the motor cycle and her husband and two children were badly injured. The child was admitted in the hospital and her husband died on the spot and the child told how the accident had taken place. While the facts being what is stated above, the second respondent is taking the matter on an entirely different track.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Additional Public Prosecutor submitted that the Investigating Officer since been transferred and the matter is now being investigated by his successor.

5. This Court also read the First Information Report in the case, which indicates that the victim of the road accident has dashed against a push-cart and invited his end. Inasmuch as the petitioner now come forward with the different line of accusation, she is now free to share information with the necessary materials to the investigating agency. This Court directs the Deputy Superintendent of Police, Lalgudi, to monitor the investigation. The petitioner may share information as directed above with the Deputy Superintendent of Police, Lalgudi.

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

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) CM To 1.The Superintendent of Police, Trichy, Trichy District.

2.The Inspector of Police, Samayapuram Police Station, Trichy District.

3.The Inspector of Police, CBCID, Trichy, Trichy District.

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

Copy to The Deputy Superintendent of Police, Lalgudi, +1CC TO MR.S.M.MOHAN GANDHI, Advocate Sr. No. 62031 Crl.O.P.(MD)No.5826 of 2019 23.04.2019 GRL(CO) TR (27.05.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/