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Madras High CourtCRL OP(MD)/2566/2018dismissed

Dhanalakshmi, v. The Superintendent Of Police,

2019-09-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.2566 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2566 of 2018 Dhanalakshmi ... Petitioner/Deceased's mother Vs.

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Pattukottai Police Station, Thanjavur District.

(Crime No.218 of 2017) 3.The Deputy Superintendent of Police (CBCID) CBCID, Thanjavur District.

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent for changing of investigation in Crime No.218 of 2017 on the file of the second respondent and entrust the same to the third respondent for investigation of the case by a Competent Officer. For Petitioner : Mr.T.Venkatesan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the first respondent for changing of investigation in Crime No.218 of 2017 on the file of the second respondent and entrust the same to the third respondent for investigation of the case by a Competent Officer.

2.Heard Mr.T.Venkatesan, learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Criminal Side) appearing for the first respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2566 of 2018 3.The learned Government Advocate (Criminal Side) would submit that initially, the case has been registered in Crime No.218 of 2017 under Section 174 Cr.P.C. Thereafter, it has been altered into Section 306 IPC. He would further submit that the second respondent completed entire investigation and also about to file a final report. Therefore, the prayer sought for by the petitioner become infructuous.

4.Considering the above facts and circumstances of the case, if the case is transferred into another Investigating Officer, it will affect the entire case. Hence, this petition is dismissed. However, this Court directs the second respondent to complete the investigation and file a final report within a period of eight weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) dss To

1. The Superintendent of Police, Thanjavur District, Thanjavur.

2. The Inspector of Police, Pattukottai Police Station, Thanjavur District.

3. The Deputy Superintendent of Police (CBCID) CBCID, Thanjavur District.

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

Crl.O.P.(MD)No.2566 of 2018 20/09/2019 CS(10.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2