C.Chithra v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.24238 of 2015 C.Chithra : Petitioner Vs.

1. The Superintendent of Police, Trichy.

2. The Inspector of Police, Tiruverumbur police station, Trichy.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to transfer the investigation of Cr.NO.737/15 pending before the 2nd respondent to the CB-CID, Trichy, for further investigation. For Petitioner : Mr.R.Ramasamy For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) ****

O R D E R

This Criminal Original Petition has been filed to transfer the investigation of Crime No.737 of 2015 pending before the 2nd respondent to the CB-CID, Trichy, for further investigation. 2.Pursuant to the death of one Chandrasekaran-the husband of the petitioner, the 2nd respondent police registered a case in Crime No.737 of 2015 on 17.10.2015 under section 174 Cr.P.C. Not satisfied with the investigation, the petitioner is before this Court, for transfer of the investigation.

3.Today, Mr.B.Sridhar, Sub Inspector of Police, Thiruverambur Police Station, Trichy District, is present 4.Mr.R.Madan, Inspector of Police, Thiruverambur Police Station, Trichy District, has filed a status report, wherein it is stated as follows:-

" 2. I humbly submit that the Sub-Inspector of Police was registered a case in Crime No.737 of 2015, under section 174 of criminal procedure code, based on the complaint gave by the petitioner, stating following contention:

The petitioner's husband namely chandrasekaran was working as security for the past 2 years at the Brindhavanam Apartment. On 17.10.2015 about 06.30 am, the petitioner's husband went to the work in regular manner and about 12.15pm, the one namely Ramesh contact the petitioner through telephone and communicate that the petitioner's husband fell down from the steps and he was rushed to Mauthi hospital for treatment. Thereafter the one Namachivayam who is the security in charge was contact the petitioner through telephone and communicate that the petitioners husband was died. In such circumstance, the petitioner was immediately rushed to Maruthi hospital and preferred a complaint before our authorities.

3. I humbly submit that, the investigation officer immediately rushed to the hospital and take necessary steps for the post mortem of the petitioner's husband namely chandrasekaran. In the mean time, the investigation officer went to the occurrence spot and prepared a observation Mahazar, Rough statement by following the process of law and recorded the statement of the witnesses under section 161 of Code of Criminal Procedure.

4. I humbly submit that, on 19.10.2015 the doctor namely D.Kalpana devi of the Department of forensic medicine, K.A.P.V.Govt medical college, periyamilaguparai, Tirichirapalli was conduct a post mortem and the viscera of the petitioner's husband was preserved and same was send for chemical analysis to reveal the cause of the death of the petitioner's husband.

5. I humbly submit that, the above said chemical analysis was pending without further progress and for the reason, the investigation also pending for the above said report to the completion of the investigation. The investigation was made in proper manner and by following the due process of law. Hence I prayed this Honourable Court may be grant time to complete the investigation and pleased to accept this status report and pass such orders as this Honourable

Court may deem fit to the facts and circumstance of the case."

5. On the reading of the case diary, this court is of the view that the investigation is going on in the right line and therefore, it does not require to be transferred. However, after obtaining viscera report, the respondent Police shall complete the investigation and file a final report before the concerned court.

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

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Trichy.

2. The Inspector of Police, Tiruverumbur police station, Trichy.

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

Gsp/smi vb/mr/sar4/11.05.2017/3p/4c Order made in Crl.O.P.(MD)No.24238 of 2015 03.05.2017