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Madras High CourtCRL OP(MD)/17238/2017closed

K.Sundararaj v. The Superintendent Of Police

2022-12-07Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2022

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.17238 of 2017 K.Sundararaj ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Superintendent of Police, Madurai District.

2.The Inspector of Police, Austinpatti Police Station, Madurai District.

(Crime No.203/2017)

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., directing the 1st respondent to transfer the investigation of the case in Crime No.203 of 2017 on the file of the 2nd respondent to some other agency which is competent to investigate the matter.

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor 1/4

ORDER

The Criminal Original Petition has been filed seeking direction to the first respondent to transfer the investigation of the case in Crime No.203 of 2017 on the file the second respondent to any other investigating agency.

2. It is submitted by the learned counsel for the petitioner that the said case in Crime No.203 of 2017 was registered for the offences under Section 279, 337 and 304(A) of IPC. The grievance of the petitioner is that the Respondent police has not taken any steps to trace the vehicle involved in hit and run accident in which the petitioner's son died.

3. The learned Additional Public Prosecutor appearing for the Respondents would submit that inspite of best efforts, they are unable to trace the vehicle, which was involved in the accident.

4. In view of the submission made on either side, this Court is of the opinion that it would be in the interest of justice, if a superior police officer monitors the investigation.

5. The learned Additional Public Prosecutor would submit that the superior police officer would be the Deputy Superintendent of Police, Thirumangalam.

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6. Accordingly, this Court directs the Respondent police to conduct the investigation in Crime No.203 of 2017 in an expeditious manner and the same shall be monitored by the Deputy Superintendent of Police, Thirumangalam.

7. With the above direction, this Criminal Original Petition is closed. 07.12.2022 Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, The State of Tamil Nadu, Madurai District.

2.The Inspector of Police, Austinpatti Police Station, Madurai District.

3.The Deputy Superintendent of Police, Thirumangalam.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.17238 of 2017 07.12.2022 4/4