M.Raja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 15.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD)No.5656 of 2024 M.Raja ... Petitioner Vs 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Thanjavur Medical College Police Station, Thanjauvr District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation in Crime No.41 of 2024 on the file of the second respondent, the Sub Inspector of Police, Thanjavur Medical College Police Station to any other independent investigating agency for conducting fair and impartial investigation and to direct the first respondent to file periodic reporting to this Court based on the complaint dated 22.02.2024 given by the petitioner.

For Petitioner : Mr.T.Fouzia Begum For Respondents : Mr.B.Thanga Aravindh, Government Advocate(Crl.side) 1/4

ORDER

The petitioner, who is the relative of the deceased, has filed this petition alleging that the second respondent Police has not conducted investigation in a proper manner and hence, he is seeking transfer of investigation in Cr.No.41 of 2024 from the file of the second respondent Police to any other Investigating Agency.

2.The learned Government Advocate(Crl.side) appearing for the respondents submits that the deceased in this case was 70 year old man and affected by paralysis. On 24.01.2024, the deceased fell down from the cot and died. Further, he submits that a case was registered, based on the complaint given by the deceased's brother-in-law under Section 174 Cr.P.C., and the same was also closed on 27.03.2024. 3.Recording the same, this criminal original petition is closed with a direction to the second respondent Police to furnish the copy of the closure report to the petitioner as well as the defacto complainant for enabling them 2/4

to workout their remedy before the appropriate Court. The petitioner as well as the defacto complainant are at liberty to approach the concerned Jurisdictional Magistrate Court and establish their case, by filing private complaint.

15.04.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Thanjavur Medical College Police Station, Thanjauvr District.

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

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B.PUGALENDHI,J gns Crl.O.P.(MD)No.5656 of 2024 15.04.2024 4/4