Madras High CourtCRL OP(MD)/3251/2017disposed of

Gandhimathi v. The Superintendent Of Police

2017-03-22Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.3251 of 2017 Gandhimathi : Petitioner Vs.

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

2.The Inspector of police, Appanaickanpatti Police Station, Virudhunagar District.

: Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to entrust the case in Crime No.25 of 2017 on the file of the Appaianaickanpatti Police Station to some other police officer for investigation. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.A.P.Balasubramani, Government Advocate (Crl.side) *******

O R D E R

On the complaint of one Renga Ramanujam, a case in Crime No.25 of 2017 has been registered by the respondent police on 08.03.2017 for an offence under Section 302 of the Indian Penal Code against one Sundarraj and the investigation is in progress.

2. On a reading the First Information Report, it is seen that the deceased Radhakrishnan was drunk and a quarrel ensued between him and his father Sundarraj, in which, it is alleged that Sundarraj pushed Radhakrishnan, resulting in Radhakrishnan's death. Thus, the father is the accused of having caused the death of his son.

3. While so, the petitioner, who is the wife of the deceased Radhakrishnan, is before this Court alleging that the investigation is not being properly done and seeking transfer of investigation.

4. Heard Mr.G.Thalaimutharasu learned counsel for the https://hcservices.ecourts.gov.in/hcservices/

petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the respondents. Today, Mr.Muthu, Inspector of Police, Irrukkangudi Circle is present.

5. The learned counsel for the petitioner submitted that the petitioner has given a representation dated 10.03.2017 to the Inspector of Police, raising certain doubts in the investigation and, therefore, the learned counsel for the petitioner submitted that the petitioner's representation may be disposed of.

6. In the considered opinion of this Court, there is no room for disposing of such representations in Chapter XII of the Code of Criminal Procedure, under which, an investigation of an offence is taken up. However, this Court directs the Deputy Superintendent of Police, Virudhunagar District, to monitor the investigation in Crime No.25 of 2017 that is being conducted by the Inspector of Police, Appanaickanpatti Police Station and take action in accordance with law.

7. This Criminal Original Petition is disposed with the direction.

sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Virudhunagar.

3.The inspector of police, Appanaickanpatti Police Station, Virudhunagar District.

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

+1 cc to Mr.G.Thalaimutharasu , Advocate in SR.No. 16792 MR/SML AE/RR/SAR3/06.04.2017/2P/6C Order made in Crl.O.P.(MD)No.3251 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/