K.Muthazhagan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.M.P(MD).No.1477 of 2021 K.Muthazhagan ... Petitioner/Defacto Complainant Vs.

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

2.The State, rep.by its Inspector of Police, Vattathikottai Police Station, Crime No.1154 of 2020.

3.The Inspector of Police, C.B.C.I.D, 4.Balakrishnan ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation pending in Crime No.1154 of 2020 on the file of the second respondent and entrusted the case to some other police station or to the third respondent/Central Bureau of Investigation and file the final report before the concerned Judicial Magistrate within the time limit that may be stipulated by this Court.

For Petitioner : Mr.C.Thalaimutharasu For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation pending in Crime No.1154 of 2020 on the file of the second respondent to some other police station or to the third respondent/Central Bureau of Investigation and file the final report before the concerned Judicial Magistrate within the time limit that may be stipulated by this Court.

2.The case of the petitioner is that his second son namely Jagadeeswaran was called by the fourth respondent to attend a car offer. In turn, the said Jagadeeswaran attended the offer and while 1/3

returning back, he consumed liquor with the accused persons and slept there with unconscious status. Utilizing the said circumstances, the fourth respondent and the accused persons tide the neck of the said Jagadeeswaran with rope, murdered him and hanged him in the tree. Since the fourth respondent is a influential person, the second respondent has not taken any action on the complaint lodged by the petitioner.

3.In Crime No.1156 of 2020, it is alleged that the said Jagadeeswaran took the car of the fourth respondent on 21.08.2020 and when he returned the vehicle in the house of the fourth respondent, taking advantage of disconnection of electricity, he tried to misbehave with the sister of the fourth respondent, but she slapped him and shouted. Thereafter, on 22.08.2020, he committed suicide. While so, on the same day, when the said Sneha was standing near the petty shop, the sister-in-law and aunt's daughter of the said Jagadeeshwaran have joined together and attacked her with wooden stick and poured kerosene on her. Immediately, she was taken into the hospital, but she died. Thereafter, the offence was altered to 302 of IPC.

4.In the present case, no allegation has been made out as against the said Sneha, since she died. Even any offence has been attracted against her. Under these circumstances, change of investigation would not serve any purpose. Hence, this Criminal Original Petition is dismissed. However, a direction is given to the second respondent to complete the investigation and file the final report within a period of 12 weeks from the date of receipt of a copy of this order. Connected miscellaneous petition is closed. Sd/- Assistant Registrar (T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) To:

1.The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Inspector of Police, Vattathikottai Police Station, 2/3

4.The Inspector of Police, C.B.C.I.D, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

21.03.2022 RS(29.03.2022) 3P-6C 3/3