Madras High CourtCRL OP(MD)/3484/2022dismissed

K.Rajeswari v. The Superintendent Of Police

2022-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.3484 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3484 of 2022 K.Rajeswari ... Petitioner Vs.

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

2.The Inspector of Police, Mayanoor Police Station, Karur District.

3.Revenue Divisional Officer, Revenue Divisional Officer Campus, Kulithalai, Karur District.

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first and second respondents to transfer the investigation in Crime No.585 of 2021 under Section 174(3) of Cr.P.C @ 306 of IPC on 17.10.2021, pending on the file of the second respondent Police to any other Competent Authority and conduct a fair investigation.

For Petitioner : Mr.S.Vikram For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to direct the first and second respondents to transfer the investigation in Crime No.585 of 2021 under Section 174(3) of Cr.P.C @ 306 of IPC on 17.10.2021, pending on the file of the second respondent Police to any other Competent Authority and conduct a fair investigation.

2. Based on the complaint lodged by the petitioner, the second respondent registered the case in Crime No.585 of 2021. The allegation is that after the marriage of the petitioner's daughter, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3484 of 2022 she was harassed by her in-laws and her husband for jewels. Under these circumstances, she committed suicide by hanging herself and died.

3. The learned Additional Public Prosecutor submitted that now the offence has been altered to Section 306 IPC as against the five accused persons and almost all the witnesses have been examined. The second respondent Police is about to file a final report.

4. Under these circumstances, if the investigation is transferred to any other Agency, the entire investigation done by the second respondent would spoil. Hence, the transfer of investigation cannot be ordered. However, the second respondent is directed to file a final report within a period of 12 weeks from the date of receipt of a copy of this order. It is also made clear that if any offence was made out to attract the Section 304(b) of IPC, the second respondent is directed to alter the offence.

5. Accordingly, the Criminal Original Petition is dismissed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) To:

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

2.The Inspector of Police, Mayanoor Police Station, Karur District.

3.Revenue Divisional Officer, Revenue Divisional Officer Campus, Kulithalai, Karur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.3484 of 2022 21.03.2022 SSB MS/30.03.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2