Madras High CourtCRL OP(MD)/4117/2021disposed of

A.Chinnadurai v. The Superintendent Of Police

2022-01-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.4117 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.4117 of 2021 A.Chinnadurai ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

3.The Superintendent of Police, CBCID, Chennai.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer investigation in Crime No.83 of 2021 pending on the file of the 2nd respondent to the 3rd respondent or some other independent agency.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

O R D E R

This criminal original petition has been filed seeking transfer of investigation in Crime No.83 of 2021 registered on the file of Annavasal Police Station, Pudukkottai.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that final report was filed as early as on 07.04.2021 for closing the case as action dropped. The Court below is directed to issue RCS notice to the petitioner. The second respondent shall also serve a copy of the final report on the petitioner. The petitioner will be entitled to file a protest petition. The final report states that the petitioner had committed suicide in a drunken condition. If that be, the postmortem report should reveal alcohol content in the body of the deceased. The petitioner also states that immediately preceding his son's death, he received a number of calls on his mobile phone. The Court below https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4117 of 2021 shall also apply its mind regarding the call data details. After considering the petitioner's objections and all other relevant materials, the Court below shall take a call in the matter. All the contentions of the petitioner are left open. The RCS notice should be served on the petitioner within a period of ten days from the date of receipt of a copy of this order. After the petitioner files the protest petition, the same will be disposed of on merits and in accordance with law within a period of six weeks thereafter. 3.This criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Pudukkottai District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

3.The Superintendent of Police, CBCID,Chennai.

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

Crl.O.P(MD)No.4117 of 2021 04.01.2022 kk(CO) GC(21.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2