B.Umarani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI B.Umarani ... Petitioner Vs 1.The State of Tamilnadu, Rep by the Inspector General of Police, South Zone, Alagar Kovil Main Road, Madurai.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Inspector of Police, Alwarikurichi Police Station, Tenkasi District.

Crime No.133 of 2023

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation on the file of the third respondent police to CBCID or any other independent agency under the supervision of the second respondent police and to conduct proper investigation in Crime No.133 of 2023 upon the petitioner's son's death, based on the petitioner's representation dated 20.05.2025.

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For Petitioner : Mr.A.Rajaram For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner is the mother of the deceased in Crime No. 133 of 2023, on the file of the third respondent police. The petitioner is having an apprehension that this incident has taken place at the instance of her daughter-in-law. Therefore, seeking transfer of investigation in Crime No.133 of 2023, from the file of the third respondent to CBCID or any other competent investigation agency, the petitioner has filed this Criminal Original petition.

2.Today (18.06.2025), when this Criminal Original Petition is taken up for admission, Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents submits that the investigation in Crime No.133 of 2023 has already been completed and the final report has been filed before the learned Judicial Magistrate, Tenkasi and the same has also been taken on file in CC No. 44 of 2025. According to the learned Additional Public Prosecutor, it is only a case of accident.

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3.This Court considered the rival submissions made. 4.Though the petitioner is having an apprehension that the occurrence of the year 2023 may be a murder, she has not substantiated the same with any materials. It appears that for the occurrence said to have taken place in the year 2023, this petitioner has made this application only in the year 2025. It is reported that the respondent police has also filed the final report and it was pending before the Judicial Magistrate Court, Tenkasi. The petitioner can very well collect the papers in the final report filed by the respondent police in CC No.44 of 2025 and if she feels that the investigation has not been conducted properly and if any materials have been omitted, it is always open to the petitioner to renew the application.

5.With such liberty, this Criminal Original Petition is dismissed.

18.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes vrn 3/5

To 1.The Inspector General of Police, South Zone, Alagar Kovil Main Road, Madurai.

2.The Superintendent of Police, Tenkasi District, Tenkasi.

3.The Inspector of Police, Alwarikurichi Police Station, Tenkasi District.

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B.PUGALENDHI,J vrn Order made in 18.06.2025 5/5