Madras High CourtCRL OP(MD)/12201/2019disposed of

Vengammal, W/O.Samuthiram, v. The Superintendent Of Police

2019-09-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12201 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.12201 of 2019 Vengammal ... Petitioner/Defacto Complainant Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District.

3.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District, Crime No.56 of 2019 ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to transfer the investigation in crime No.56 of 2019 dated 26.03.2019 on the file of the 3rd respondent herein to the 2nd respondent or any other Superior Officer within the District on the basis of the representation dated 22.07.2019. For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.K.Suyambulinga Bharathi, G.A. (Crl. Side)

O R D E R

This petition has been filed by the petitioner to transfer the investigation in crime No.56 of 2019 dated 26.03.2019 on the file of the 3rd respondent herein to the 2nd respondent or any other Superior Officer within the District on the basis of the representation dated 22.07.2019.

2.The learned Government Advocate (criminal side) appearing for the respondents would submit that the case in crime No.56 of 2019 has been registered for the offence under Sections 279 and 337 of I.P.C. and the vehicle, who caused the accident flew away from the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12201 of 2019 place of occurrence and the petitioner could identify only the colour of the vehicle. He would further submit that the investigation is going on and this petition has been filed in premature stage.

3.Considering the submission made by the learned Government Advocate (criminal side), this Court is of the view that at this stage, the change of investigation would affect the investigation and hence, the prayer sought for by the petitioner cannot be granted.

4.Accordingly, this criminal original petition is disposed of with a direction to the effect that the third respondent is directed to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order and the petitioner is also directed to co-operate with the third respondent for investigation.

Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District.

3.The Inspector of Police, Cheranmahadevi Police Station, Cheranmahadevi, Tirunelveli District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.THIRUVADI KUMAR, Advocate ( SR-86962[F] dated 17/09/2019 ) CRL.O.P (MD) No.12201 of 2019 16.09.2019 KK/SAR/01.10.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2