Alameu v. The Superintendent Of Police

Crl.O.P.(MD)No.14402 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14402 of 2021 Alamelu ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Pudhukottai District.

2.The Inspector of Police, Thiruppunavasal Police Station, Pudhukottai District.

3.The Inspector of Police, CBCID Wing, Pudhukottai District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to transfer the investigation in Crime No.105 of 2021 from the file of the second respondent to the file of the third respondent and consequently direct the third respondent to conduct proper investigation in an expeditious manner and to file the final report within the stipulated period as prescribed by this Court. For Petitioner : Mr.Agilesh Kumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The petitioner is the de-facto complainant in Crime No.105 of 2021 registered on the file of Thiruppunavasal Police Station for the offences under Sections 279, 337 and 304 (A) IPC. The petitioner's husband was hit by a speeding two wheeler on 13.07.2021 and he died as a result. The petitioner has named one person Prabhakaran, S/o.Arulanadu, who rode the vehicle and one Selvarathinam as the pillion rider. Based on the petitioner's complaint, the above said First Information Report was registered. Now the petitioner states that the offending vehicle was infact ridden by one Prabhu, S/o.Pannerselvam. Since the second respondent is not paying heed to the petitioner's inputs, the present Criminal Original Petition has been filed.

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Crl.O.P.(MD)No.14402 of 2021

2. I am afraid that the ground now projected by the petitioner for transfer of investigation cannot be accepted. It was the petitioner who named one Prabhakaran as a rider of the vehicle and Selvarathinam as the pillion rider. Even now, the petitioner maintains that Selvarathinam was the pillion rider. According to the respondent police, the person named by the petitioner in the First Information Report actually rode the vehicle. Since the investigation is proceeding on the lines originally indicated by the petitioner herself, they cannot be faulted.

3. The learned Additional Public Prosecutor submits that investigation is almost over and that the respondents are likely to file charge sheet within one month.

4. I do not find any ground to grant relief. This Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm 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 Superintendent of Police, Pudhukottai District. 2.The Inspector of Police, Thiruppunavasal Police Station, Pudhukottai District. 3.The Inspector of Police, CBCID Wing, Pudhukottai District.

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

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