Madras High CourtCRL OP(MD)/9386/2021disposed of

M.Lakshmi Narayanan v. The Superintendent Of Police

2021-08-13Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9386 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9386 of 2021 and Crl.M.P(MD)No.4788 of 2021 M.Lakshmi Narayanan ... Petitioner/ Brother-in-law of Deceased Vs.

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

2.TheInspector of Police, Sawyerpuram Police Station, Tuticorin District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.108 of 2021 from the second respondent to any other Inspector of Police of Tuticorin District.

For Petitioner : Mr.K.A.Ramakrishnan For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed seeking transfer of investigation in Crime No.108 of 2021 from the second respondent to any other Inspector of Police of Tuticorin District.

2. The main grievance on which this petition is filed is that the case has been registered for the offences punishable under Sections 279, 337 IPC and later altered into Section 304 A IPC and near the place of occurrence number of shops and residential houses are situated and therefore CC TV camera footagewill be available and the driver of the vehicle who caused the accident took the deceased to the hospital through Ambulance and admitted him and thereafter ran away. Even though specific registration number of the Ambulance has been furnished, no investigation has been undertaken on that direction and the Ambulance driver has not been examined. 3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that the accused has been identified by name Aakash S/o Anandhakumar and vehicle has also been seized and sent for Motor Vehicle Inspector's inspection and so https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9386 of 2021 far 11 witnesses have been examined and investigation is undertaken in a proper manner. The accused seems to be a juvenile.

4. In the above circumstances, the main grievance of the petitioner has been redressed and transfer of investigation is not proper. But however, there shall be a direction to the second respondent to conclude the investigation and file a final report before the concerned court within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, this petition is dispose of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (A.D.II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.TheInspector of Police, Sawyerpuram Police Station, Tuticorin District.

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

Crl.O.P.(MD)No.9386 of 2021 and Crl.M.P(MD)No.4788 of 2021 13.08.2021 RD(25.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2