Madras High CourtCRL OP(MD)/13957/2021disposed of

M.Karthikeyan v. The Superintendent Of Police

2021-09-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.13957 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13957 of 2021 M.Karthikeyan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Ammainayakkanur Police Station, Ammainayakkanur, Dindigul District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to transfer the investigation of the petitioner's complaint dated 31.08.2021 from the file of the 2nd respondent to some other agencies, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction to the 1st respondent to transfer the investigation of complaint dated 31.08.2021 from the file of the 2nd respondent to some other agency or officer, within the time stipulated by this Court.

2.The learned counsel appearing for the petitioner would submit that the father of the petitioner died in an accident that took place on 20.02.2021 at about 08.00 pm., near Pallapatti diversion. He accidently fell. Died in the hospital. When he was admitted in the Government Rajaji hospital, Madurai, the statement was recorded from him by the concerned police. In spite of that, no case has been registered. On that ground, this petition has been filed. 3.The learned Government Advocate (Crl.side) appearing for the respondents would submit that it is a self accident and no FIR was registered.

4.Even if it is a self accident, it is the duty of the police to register the case and thereafter take further steps. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13957 of 2021 grievance of the petitioner is that since no FIR has been registered, dependants of the deceased are not in a position to receive the compensation amount from the concerned department or from the Insurance Company. So, the learned Government Advocate (Crl.side) may advise the 2nd respondent herein to act as per law. The question of change of investigation may not arise in this matter.

5.With the aforesaid direction, this petition is disposed of. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Dindigul District, Dindigul.

2.The Sub Inspector of Police, Ammainayakkanur Police Station, Ammainayakkanur, Dindigul District.

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

Crl.O.P.(MD)No.13957 of 2021 21.09.2021 RS (28.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2