Ayyankalai v. The Superintendent Of Police

Crl.O.P.[MD]No.9248 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9248 of 2020 Ayyankalai ... Petitioner Vs.

1.State represented by the Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendant of Police, D.S.P.Office, Samayanallur Sub Division, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

(in Crime No.290 of 2019) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to transfer the investigation to the second respondent office for conducting fair and impartial investigation in Crime No.290 of 2019 on the file of the third respondent.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the first respondent to transfer the investigation in Crime No.290 of 2019 pending on the file of the third respondent police to the second respondent police for conducting fair and impartial investigation. 2.Today, when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that during the time of alleged accident only, the son of the petitioner drove the vehicle in a rash and negligence manner and committed the accident. He would further submit that only in the said accident, the son of the petitioner also sustained injury and succumbed to the death. Therefore, the third respondent police herein completed the investigation and after serving RCS notice, filed a final report before the learned Judicial Magistrate, Vadipatti, as charges abates.

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Crl.O.P.[MD]No.9248 of 2020 3.The submission made by the learned Additional Public Prosecutor is recorded.

4.In view of the above, no further order is necessary in this petition. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID19 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, Madurai District, Madurai.

2.The Deputy Superintendant of Police, D.S.P.Office, Samayanallur Sub Division, Madurai District.

3.The Inspector of Police, Samayanallur Police Station, Madurai District.

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

Copy to The Judicial Magistrate, Vadipatti.

Crl.O.P.[MD]No.9248 of 2020 02.09.2020 KM (11.09.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2