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Madras High CourtCRL OP(MD)/5502/2021closed

Philominal v. The Superintendent Of Police

2023-04-05Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P.(MD) No.5502 of 2021 Philominal

...Petitioner

Vs.

1.The Superintendent of Police, Trichy.

2.The Inspector of Police, Thiruverumbur Police Station, Trichy District.

3.The Inspector of Police, CBCID, Trichy.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent herein to transfer the investigation of the case in Crime No.102 of 2021 from the file of the second respondent police to the file of the CBCID, Trichy / 3rd respondent police. For Petitioners : Mr.B.Jameelarasu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioner has filed this Criminal Original Petition to direct the first respondent herein to transfer the investigation of the case in Crime No.102 of 2021 from the file of the second respondent police to the file of the CBCID, Trichy / 3rd respondent police for the alleged offences under Section 174 of Cr.P.C.

2. The case of the prosecution is that the petitioner's son was married to one Lurdu Mary. On 28.01.2021, when the petitioner's son went for his night duty, she received a message on 29.01.2021 stating that her son died and his body was kept at Trichy Government Hospital. Hence, the petitioner gave a complaint before the second respondent police.

3. Today, when the matter was taken up for hearing, Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the case was investigated and the final report with action drop report filed before the concerned jurisdictional Court and the same was informed to the petitioner herein.

4. Under such circumstances, the petition was closed with the following direction:- "Since the negative final report filed before the concerned jurisdictional Court and action drop report also intimated to the petitioner herein, she is at liberty to file an appropriate petition before the concerned jurisdictional Court for further remedy."

5. With the above said observation, this Criminal Original Petition stands closed.

05.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No BTR To 1.The Superintendent of Police, Trichy.

2.The Inspector of Police, Thiruverumbur Police Station, Trichy District.

3.The Inspector of Police, CBCID, Trichy.

K.K.RAMAKRISHNAN, J.

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

Crl.O.P.(MD) No.5502 of 2021 05.04.2023