Vijayalakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Vijayalakshmi ... Petitioner Vs

1. The State of Tamil Nadu, Rep by the Superintendent of Police, Dindigul, Dindigul District.

2. The Deputy Superintendent Of Police, Dindigul, Dindigul District.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul District. Crime No. 699/2024.

4. The Inspector of Police, CBCID, Dindigul District.

... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the 1st respondent to transfer the investigation in Crime No. 699/2024 on the file of the 3rd respondent to the 4th respondent or any other competent investigation agency or to complete the investigation.

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For Petitioner : Mr.C.Susikumar For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation in Crime No. 699/2024 on the file of the 3rd respondent to the 4th respondent or any other competent investigation agency and to complete the investigation. 2.According to the petitioner, the petitioner's mother along with others died in the fire accident occurred on 12.12.2024 at City Hospital, Dindigul and the petitioner's brother namely Vijayakumar also sustained severe injuries in the above said fire accident. The respondent police have registered a case in Cr.No.699 of 2024 under Section 194 of BNSS. Thereafter, the second respondent has not conducted proper investigation and not even examined the witnesses, who are affected in the fire accident. The petitioner also approached the third respondent by explaining all the happenings, but the third respondent has not taken any steps to record the statement from the witnesses, who were affected in the fire accident. Hence, this present petition has been filed seeking 2/5

transfer of investigation.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that due to the fire accident more than seven persons died and some persons sustained injuries. For that accident, the third respondent has registered a case in Cr.No.699 of 2024 and the second respondent is conducting investigation in this case. Already so many witnesses were examined in this case and awaiting for Post-Mortem Certificates. If the petitioner's brother sustained any injuries, he can approach the second respondent to give his statement for the purpose of investigation.

4.The grievance of the petitioner is that the third respondent has not even examined the injured witness, who were sustained injury in the fire accident. Now the second respondent, who is conducting investigation in this case is ready to examine the injured witnesses. 5.Recording the submission of the second respondent, this Court direct the second respondent to examine the brother of the petitioner namely Vijayakumar as one of the witnesses in this case and 3/5

conduct investigation in a fair manner and conclude the investigation in accordance with law, without any delay.

6.With the above observations and directions, this petition stands disposed of.

17.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To Superintendent of Police, Dindigul, Dindigul District.

2. The Deputy Superintendent Of Police, Dindigul, Dindigul District.

3. The Inspector of Police, Dindigul Taluk Police Station, Dindigul District. Crime No. 699/2024.

4. The Inspector of Police, CBCID, Dindigul District.

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

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P. DHANABAL, J.

PNM ORDER IN 17.03.2025 5/5