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Madras High CourtCRL OP(MD)/3622/2022disposed of

Vijaya Lakshmi v. The Superintendent Of Police

2022-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3622 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3622 of 2022 Vijaya Lakshmi

...Petitioner

Vs.

1. The Superintendent of Police O/o. Superintendent of Police Tenkasi District

2. The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police Tenkasi Sub-Division Tenkasi District

3. The Inspector of Police O/o. The Inspector of Police Achanpudur Police Station Tenkasi District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent to withdraw the case in Crime No.11 of 2022 from the third respondent and transfer the case to the second respondent.

For Petitioner : M/s.Maharaja M For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the first respondent to withdraw the case in Crime No.11 of 2022 from the third respondent and transfer the case to the second respondent.

2. The petitioner's son died in a suspicious manner and as such the third respondent registered a case in Crime No.11 of 2022 for the offence under Sections 174 of Cr.P.C. The petitioner suspects his own daughter -in -law for the death of her son, however the third respondent did not take any action, hence the present petition has been filed.

3.The learned Additional Public Prosecutor would submit that the petitioner has now only sent a fresh representation suspecting the mother-in-law and wife of the deceased and the investigation is still pending.

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Crl.O.P.(MD) No.3622 of 2022

4. In view of the same, if the investigation is transferred at this stage, it will affect the entire investigation, hence the Criminal Original Petition stands dismissed. However the second respondent is directed to monitor the investigation done by the third respondent and the third respondent is directed to complete the investigation and file the final report before the concerned Court with in a period of twelve weeks from the date of receipt of a copy of this order.

Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police O/o. Superintendent of Police Tenkasi District

2. The Deputy Superintendent of Police O/o. The Deputy Superintendent of Police Tenkasi Sub-Division Tenkasi District

3. The Inspector of Police O/o. The Inspector of Police Achanpudur Police Station Tenkasi District

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

Crl.O.P.(MD) No.3622 of 2022 22.02.2022 RK(23/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2