Rajakumar v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13429 of 2023 Rajakumar ... Petitioner Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.
3.The State through The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Crime Branch CBCID, Pudukottai range, Pudukottai District.
4.The Inspector of Police, Mayanoor Police Station, Karur District. ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to withdraw the investigation of the case in Crime No.60 of 2023 dated 15.02.2023 on the file of the fourth respondent and entrust the same to the third respondent or any other competent officials for completion of investigation in accordance with law within the time stipulated by this Court. 1/5
For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.S.Madhavan Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed seeking for transfer of investigation in Crime No.60 of 2023 from the fourth respondent to the third respondent Police.
2. It is submitted by the learned counsel appearing for the petitioner that the petitioner's daughter and three other girls who went to participate in football tournament, have died, at the time of taking bath in Kaveri River, Mayanur, Karur District. The Police have registered a case in Crime No.60 of 2023 for the offence punishable under Section 174 Cr.P.C., but, the investigation is not proceeded with.
3. The learned Government Advocate (criminal side) appearing for the respondents submits that after the death of the children, a case has been registered in Crime No.60 of 2023 for the offence punishable under Section 174 Cr.P.C and subsequently, section of law was altered to Section 304(ii) IPC and further, the Physical Education Teacher was added as one of the accused and he was arrested and that the eleven 2/5
surviving children were examined by the Police. It is submitted further that the respondents Police have also examined the District Sports Officer, Chief Educational Officer and other connected persons.
4. Basing on the submission made by the learned Government Advocate (criminal side) appearing for the respondents Police, there is nothing to conclude that the investigation by the respondents Police is not properly done. This Court is of the opinion that the investigation is proceeding in proper direction and thereby, there is no need for change of investigation from the respondents.
5. Accordingly, this Criminal Original Petition is disposed of directing the respondents Police to expedite the investigation and the third respondent, namely, the Deputy Superintendent of Police, Crime Branch CBCID, Pudukottai range, Pudukottai District, is directed to supervise the investigation being done by the fourth respondent. Index : Yes/No 27.07.2023 Internet : Yes/No ssb 3/5
To 1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.
2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.
3.The State through The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Crime Branch CBCID, Pudukottai range, Pudukottai District.
4.The Inspector of Police, Mayanoor Police Station, Karur District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5
DR.D.NAGARJUN. J.
ssb 27.07.2023 5/5