P.Annamuthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA P.Annamuthu ... Petitioner Vs.

1.The Superintendent of Police Madurai District, 2.The Inspector of Police Karuppayoorani Police Station, (Crime No.211 of 2019) 3.The Deputy Superintendant of Police, CBCID, No.83, III Cross Street, Vishalakshipuram, Madurai - 625 014.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.211 of 2019 from the file of the second respondent to the third respondent for further investigation.

For Petitioner : Mr.C.T.Perumal For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, seeking to transfer the investigation in Crime No.211 of 2019 of Karuppayoorani Police Station, Madurai, to the third respondent for further investigation. 2.The learned counsel for the petitioner submitted that the petitioner's grand son died on 15.11.2019, under suspicious circumstances and that though a complaint was lodged by the petitioner's son's father-in-law with the second respondent, till date, the police did not investigate the matter properly. 1/3

3.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents, on instructions, would contend that the Inspector of Police, Karuppayoorani Police Station, after concluding the investigation in Crime No.211 of 2019, laid a Referred Charge Sheet (RCS) before the Judicial Magistrate Court No.II, Madurai, after giving notice to the defacto complainant.

4.Recording the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed. However, if the petitioner is aggrieved by the Referred Charge Sheet (RCS) filed by the second respondent, she can approach the concerned Judicial Magistrate and file a protest petition, if so advised. Sd/- Assistant Registrar (CRL SIDE) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police Madurai District, 2.The Inspector of Police Karuppayoorani Police Station, 3.The Deputy Superintendant of Police, CBCID, No.83, III Cross Street, Vishalakshipuram, Madurai - 625 014.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to Mr.C.T.PERUMAL, Advocate ( SR-9365[F] dated 08/03/2021 ) 08.03.2021 VB (22.03.2021) 3P 6C 3/3