Madras High CourtCRL OP(MD)/7276/2023disposed of

Aasirvatham v. The Superintendent Of Police

2023-06-23Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7276 of 2023 Aasirvatham

...Petitioner

Vs.

1.The Superintendent of Police, Office of Superintendent of Police, ... 1st Respondent 2.The Deputy Superintendent of Police, District Crime Branch, Office of the Superintendent of Police, ... 2nd Respondent

3. The Inspector of Police, Karaikudi North Police Station, Karaikudi Town, ...3rd Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st Respondent to transfer the investigation on the suspicious death of N.Jaya Prabhu, in FIR.No.375 of 2022 dated 02.12.2022 on the file of the 3rd Respondent to the 2nd Respondent and the 2nd Respondent to investigate further and file final report by considering the Petitioner's complaint dated 30.03.2023 within the time frame as fixed by this Court.

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For Petitioner : Mr.S.Atham Ali For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor for R.1 O RDER This criminal original petition has been filed seeking direction to the 1st Respondent to transfer the investigation on the suspicious death of N.Jaya Prabhu, in FIR.No.375 of 2022 dated 02.12.2022 on the file of the 3rd Respondent to the 2nd Respondent and the 2nd Respondent to investigate further and file final report by considering the Petitioner's complaint dated 30.03.2023 within the time frame as fixed by this Court. 2.This petition has been filed on the suspicion over the investigation undertaken by the 3rd respondent. Since his son died, the petitioner has lodged a complaint before the 3rd respondent to find out the real truth. While so, he gave a statement before the 3rd respondent as if he has suspicion over the wife of the deceased. Since the same was not considered till now and no investigation was done in this way, this petition has been filed.

3.Earlier the Investigating Officer was directed to be present before this Court. In pursuance of the order that was passed by this Court 2/5

on 06.06.2023, the Investigation Officer is present before this Court today. Now the said alteration report has been submitted before the concerned court altering the offence under Section 306 of IPC. Effort has been taken to secure the accused. He also sent request for Certification of CDR.

4.In view of the above said development, the transfer of investigation may not lie at this stage. Let the above said investigation be completed by the 3rd respondent within a period of two months from the date of receipt of a copy of this order and file the final report. 5.With the above said directions, this criminal original petition stands disposed of.

23.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No TM To 1.The Superintendent of Police, Office of Superintendent of Police, 3/5

2.The Deputy Superintendent of Police, District Crime Branch, Office of the Superintendent of Police,

3. The Inspector of Police, Karaikudi North Police Station, Karaikudi Town, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM Crl.O.P.(MD) No.7276 of 2023 23.06.2023 5/5