Madras High CourtCRL OP(MD)/15856/2016disposed of

A. Solaiappan v. The Director General Of Police

2016-09-28Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.15856 of 2016 and Crl.M.P.(MD).No.7605 of 2016 A.Solaiappan .. Petitioner/Defacto complainant -vs1.The Director General of Police, Office of Director General of Police, Kamarajar Salai, Chennai.

2.The Superintendent of Police,(CBCID) No.220, Pantheon Road, Egmore, Chennai.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

4.The Inspector of Police, CBCID, No.226/5, Nehru Street, NGO Colony, Madurai Road, Virudhunagar District.

5.The Inspector of Police, Irukkankudi Police Station, Sattur, Virudhunagar District.

(Crime No.69/2016) ..Respondents/Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the 3rd respondent herein to withdraw the case in Crime No.69 of 2016 pending on the file of the 5th respondent herein and entrust the same to the 4th respondent for fair investigation and to file the final report within a time frame fixed by this Court.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.K.Anbarasan Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the 3rd respondent to entrust the investigation in Crime No.69 of 2016 from the 5th respondent to the 4th respondent for conducting fair investigation.

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

3. When the matter is taken up for hearing, the learned Government Advocate(Crl. Side) would submit that the 5th respondent filed his counter stating that the doctor, who conducted the autopsy opined that the deceased would appear to have died of complications of drowning. The investigation revealed that the deceased had the habit of consuming liquor sitting near the well and chat with girls in mobile phone. The respondent seized the mobile phone and recorded the statement from the persons, to whom the deceased was talking at the time of occurrence and the investigation is being done under the guidance of the superior officers.

4. Considering the facts and circumstances of the case, this Court directs that the investigation in Crime No.69 of 2016 shall be done by the 5th respondent under the supervision of the third respondent, the Superintendent of Police, Virudhunagar District and final report shall be filed within a period of six months from the date of receipt of a copy of this order.

5.With the above directions, this petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Director General of Police, Office of Director General of Police, Kamarajar Salai, Chennai.

2.The Superintendent of Police(CBCID), No.220, Pantheon Road, Egmore,Chennai.

3.The Superintendent of Police, Virudhunagar District, Virudhunagar.

4.The Inspector of Police, CBCID, No.226/5, Nehru Street, NGO Colony, Madurai Road, Virudhunagar District.

5.The Inspector of Police, Irukkankudi Police Station, Sattur, Virudhunagar District.

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

+1cc to M/S.M.THIRUNVAUKKARASU, ADVOCATE SR.No. 56762 Pjl JA-SKS-RR-18.10.2016/3P:8C Crl.O.P.(MD)No.15856 of 2016 28.09.2016