← Library
Madras High CourtWP(MD)/14836/2017dismissed

A.Rajendran, S/O.Andiyappan v. The State Of Tamiln Nadu

2019-06-25Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.14836 of 2017 and W.M.P.(MD)No.11678 of 2017 A.Rajendran ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Home Secretary, St. George Fort, Chennai.

2.The Superintendent of Police, O/o. The Superintendent of Police, Karur District.

3.The Inspector of Police, Padupathipalayam Police Station, Karur District.

4.The Deputy Superintendent of Police (CBCID), O/o. The Deputy Superintendent of Police, Karur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to withdraw the case in Crime No.241 of 2017 on the file of the third respondent and entrust the same to the fourth respondent for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking to transfer the investigation in Crime No.241 of 2017 from the file of the third respondent to the fourth respondent.

2. The grievance of the petitioner is that, he has given a complaint before the third respondent police on the death of her son one R.Veeramani. Based on his complaint, a crime has been registered by the third respondent police in Crime No.241 of 2017 https://hcservices.ecourts.gov.in/hcservices/

for the offences under Sections 279 and 304(A) of I.P.C. Even though the crime has been registered on 25.03.2017, no investigation has been progressed. Since the third respondent is not conducting the investigation in a proper manner, the present writ petition has been filed seeking transfer of investigation.

3. The learned Additional Public Prosecutor on instructions would submit that the third respondent has completed the investigation and filed a final report before the learned Judicial Magistrate No.I, Karur on 25.03.2017 itself for the offences under Sections 297 and 304(A) of I.P.C.

4. Considering the fact that the investigation is already over and the final report has been filed before the learned Judicial Magistrate No.I, Karur, at this stage, the prayer sought for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.I, Karur.

2.The Home Secretary, The State of Tamil Nadu, St. George Fort, Chennai.

3.The Superintendent of Police, O/o. The Superintendent of Police, Karur District.

4.The Inspector of Police, Padupathipalayam Police Station, Karur District.

5.The Deputy Superintendent of Police (CBCID), O/o. The Deputy Superintendent of Police, Karur District.

+1 CC to M/s.R.VENKATESAN, Advocate SR-71399. Order made in W.P.(MD)No.14836 of 2017 Dated: 25.06.2019 CS(23.07.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/