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Madras High CourtCRL OP(MD)/17917/2016ordered

Mrs. Florida v. The Superintendent Of Police

2016-10-05Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.17917 of 2016 Florida .. Petitioner Vs.

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

2.The State of Tamil Nadu, rep. by the Sub-Inspector of Police, Pazhavur Police Station, Tirunelveli District.

3.The Inspector of Police, Crime Branch - C.I.D., Tirunelveli District, Tirunelveli.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to transfer the investigation of the case in Crime No.143 of 2016 from the file of the 2nd respondent to Crime Branch CID Police, Tirunelveli District.

For Petitioner : Mr.R.R.Kannan For Respondents : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

This petition is filed to transfer the investigation of the case in Crime No.143 of 2016 from the file of the second respondent to the third respondent.

3.The case of the petitioner is that on 03.07.2016, her husband Mr.Solomon Neethi Arasu along with her son were travelling in a motorcycle bearing Registration No.TN-72-AT-6576 from Anjukramam to Uvari Road, at about 7.30 p.m., a JCB vehicle,

bearing Registration No.TN-72-BZ-6928, which was proceeding in front of the motorcycle, was turned by the driver of the JCB vehicle without proper signal. Despite, the petitioner's husband applied sudden break, he fell down and sustained grievous injuries.

4. The petitioner would further state that the persons, who witnessed the accident immediately took him to Sriram Hospital, Nagercoil for first aid and thereafter he was shifted to Dr.Jeyasekaran Hospital at Nagercoil, for further treatment. On 04.07.2016, the petitioner's husband was shifted to NIMS Hospital, Neyyattinkara in Kerala. However, he succumbed to injuries on 08.07.2016. When the petitioner's husband was shifted from Dr.Jeyasekaran Hospital, Nagercoil, the second respondent obtained her signature in a blank papers and registered a case in Crime No.143 of 2016, on 06.07.2016, as if that her husband drove the motorcycle in a rash and negligent manner; fell down and suffered injuries. Since the case was not properly investigated, the petitioner made a representation to the first respondent and the District Collector, Tirunelveli, on 15.07.2016.

5. Mr.R.R.Kannan, learned counsel for the petitioner would vehemently submit that the petitioner's husband was shifted from Dr.Jeyasekaran Hospital, Nagercoil, on 04.07.2016 at 11.00 a.m. But the case was registered, as if the petitioner gave a complaint at Jeyasekaran Hospital, Nagercoil on 06.07.2016. He further submitted that if there is no proper investigation done by the competent authority, the petitioner will not get justice in this case.

6. Heard both sides and perused the records.

7. It is a specific case of the petitioner that on 04.07.2016 at 11.00 a.m. The petitioner's husband was shifted from Dr.Jeyasekaran Hospital, Nagercoil to NIMS Hospital, Neyyattinkara in the State of Kerala. Page No.9 of the typeset of papers contains the treatment given to her husband at NIMS Hospital from 04.07.2016 to 08.07.2016. The second respondent registered the case in Crime No.143 of 2016, as if the petitioner gave a complaint from Dr.Jeyasekaran Hospital at Nagercoil, on 06.07.2016. The petitioner has alleged that her husband sustained fatal injuries only due to the rash and negligent driving of the driver of the JCB vehicle, bearing Registration No. TN-72-BZ-6928 and it was also witnessed by some persons.

8. Considering the facts and circumstances of the case and also the submission of the learned counsel for the petitioner, the first respondent is directed to transfer the investigation in Crime No.143 of 2016 from the second respondent to the Deputy Superintendent of Police, Valliyoor for further investigation and

the first respondent is directed to monitor the investigation.

9. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli District,Tirunelveli.

2.The Sub-Inspector of Police, Pazhavur Police Station,Tirunelveli District. 3.The Inspector of Police,Crime Branch- C.I.D., Tirunelveli District,Tirunelveli.

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

+1 cc to M/s.RR.Kannan, Advocate in SR.No.59300 PJL CSL/CK/03.11.2016:2P/6C Crl.O.P(MD)No.17917 of 2016