Madras High CourtCRL OP(MD)/4029/2015disposed of

V. Manjula Devi v. The Superintendent Of Police

2015-04-17Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.4029 of 2015 V.Manjula Devi ... Petitioner Vs 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sivakasi Town East Police Station, Sivakasi, Virudhunagar District. ...Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to direct the first respondent to order further investigation in the case registered in Crime No.68 of 2014 under the 'accidental fire' @ 174 Cr.P.C on the file Sivaksi East Police Station on the basis of the representation of the petitioner herein, dated 30.07.2014.

For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side)

ORDER

The petitioner approaches this Court to direct the first respondent to order further investigation in the case registered in Crime No.68 of 2014 under the 'accidental fire' @ 174 Cr.P.C on the file Sivaksi East Police Station on the basis of the representation of the petitioner herein, dated 30.07.2014.

2. Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondents.

3. A perusal of the status report would show that the petitioner's husband went to the residence of one Srirangan, S/o.Subramanian for doing welding work. The said Srirangan is said to have kept some chemicals, which caused a fire accident. The deceased is said to have died of injuries. However, a case has been registered under Section 174 Cr.P.C. There is nothing to state that the said Srirangan has been examined. There is no material to show that the second respondent has considered as to whether Section 304(A) or 304(B) of I.P.C is attracted or not.

4. For the above said reason, this Court is inclined to direct the first respondent to transfer the investigation in Crime No.68 of 2014 from the file of second respondent to any other competent Officer under his jurisdiction and conduct further investigation. https://hcservices.ecourts.gov.in/hcservices/

This Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar(Crl.side) \\True copy\\ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Sivakasi Town East Police Station, Sivakasi, Virudhunagar District.

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

Crl.O.P(MD).No.4029 of 2015 17.04.2015 pm NA/11/05/2015/P2/4C https://hcservices.ecourts.gov.in/hcservices/