Madras High CourtCRL OP(MD)/11918/2024disposed of

S.Sundareswari v. The Superintendent Of Police

2024-08-27Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Sundareswari ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar, 2.The Superintendent of Police, CB-CID, Virudhunagar, 3.The Inspector of Police, Thiruthangal Station, (Crime No.174 of 2024) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation in respect of the case of suspicious death of the petitioner's son namely Jeeva aged 13 years for which FIR was registered in Crime No.174 of 2024 on the file of the third respondent to the file of the second respondent. 1/4

For Petitioner : Mr.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to transfer the investigation in respect of the case of suspicious death of the petitioner's son namely Jeeva aged 13 years for which FIR was registered in Crime No.174 of 2024 on the file of the third respondent to the file of the second respondent.

2. In pursuance of the direction of this Court, the third respondent has filed a counter affidavit, wherein, it has been stated that the deceased, who was in annual holidays, met his friends and invited them for fishing, that though they have refused, the deceased has convinced them to take them in bike, that while he was trying to catch fish for some time, he went into deep water area and got struck in the fishing net which was inside the water and hence, he could not come outside, that they have found the hands of the deceased tied with fishing nets, that the deceased 2/4

has no internal or external injuries as evident from the postmortem and that they are awaiting for Viscera report for completing the investigation and he has also produced the copy of the 164 Cr.P.C. statement given by the friend of the deceased, namely, Sanjay

3. Recording the same, the third respondent is directed to complete the investigation in Crime No.174 of 2024 and file a final report before the jurisdictional Court within a period of one month from the date of receipt of a copy of this order.

4. With the above direction, this Criminal Original Petition stands disposed of.

27.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Virudhunagar, 2.The Superintendent of Police, CB-CID, Virudhunagar, 3/4

K.MURALI SHANKAR,J.

csm 3.The Inspector of Police, Thiruthangal Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 27.08.2024 4/4