Rajamani v. The Superintendent Of Police

CRL OP(MD)No.10267 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10267 of 2020 Rajamani ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Thirupathur Sub Division, Sivagangai District.

3.The Inspector of Police, Pulankurichi Police Station, Sivagangai District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent No.3 to record Section 161 Cr.P.C., statements from the petitioner and other witnesses namely 1.Rasu, S/o.Chinnapayal, 2.Surathir, S/o.Nallusamy, 3.Ganapathi S/o.Subbiya, 4.Karikalan, S/o.Ramu, 5.Vasu S/o.Thuvakelavan, 6.Ramasamy, S/o.Ooyyappan, 7.Chithira, W/o.Mayalagan, 8.Moohan, S/o.Thirpapolan, relating to the murder of the petitioner's son by name Muthupandi in Crime No.82 of 2020 on the file of the third respondent in accordance with law, within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.Chandrasekar Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction, to direct the third respondent to record Section 161 Cr.P.C., statements from the petitioner and the other witnesses namely, 1.Rasu, 2.Surathir, 3.Ganapathi 4.Karikalan, 5.Vasu 6.Ramasamy, 7.Chithira, 8.Moohan, in connection with the Crime No.82 of 2020 pending on the file of the third respondent. 2.Heard Mr.R.Alagumani, learned counsel appearing for the petitioner and Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents.

3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the third respondent herein https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD)No.10267 of 2020 registered a case in Crime No.82 of 2020 for the offence under Section 174 Cr.P.C. After registration of the said case, necessary witnesses have been examined and the investigation is pending for receiving viscera report, in otherwise, during the time of investigation there was no evidence available for alteration of Section of Law.

4. It is a settled position that the investigation is an area, which is allotted to the investigating officer. Further, the investigation is predominal right of investigating officer and nobody can instruct and interfere in the manner of investigation conducted by the third respondent. The Court cannot direct the investigating officer to complete the investigation according to the direction given by this Court. Now, the prayer sought for by the petitioner is nothing, but, contrary to the said settled position of law. The only option available to the petitioner is, he has to file a petition for appropriate relief only after seeing the final report and not otherwise. Therefore, the application filed by the petitioner is not having any merits and therefore, the same is liable to be dismissed.

5. In fine, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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, Office of the Superintendent of Police,Sivagangai District. 2.The Deputy Superintendent of Police, Office of the Superintendent of Police, Thirupathur Sub Division, Sivagangai District. 3.The Inspector of Police,Pulankurichi Police Station, Sivagangai District.

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

Crl.O.P.[MD]No.10267 of 2020 24.09.2020 AP(05/10/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/