M.Chandra v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2023
CORAM:
THE HONOURABLE MRS. JUSTICE R.THARANI M.Chandra
...Petitioner
Vs 1.The Superintendent of Police, Pudukkottai.
2.The Superintendent of Police, CBCID, Chennai.
3.The District Superintendent of Police, Pudukkottai.
4.The Inspector of Police, Gandharvakottai Police Station, Pudukkottai.
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to transfer the investigation in Crime No.335 of 2020 on the file of the 4th respondent to the second respondent or any other independent agency on the basis of the petitioner's representation dated 10.11.2020.
For Petitioner : Mr.B.Sekar For Respondents : Mrs.M.Aasha Government Advocate (Crl. Side) 1/4
ORDER
This Criminal Original Petition has been filed to transfer the investigation in Crime No.335 of 2020 on the file of the fourth respondent. 2.On the side of the petitioner, it is stated that the petitioner's husband was missing and the investigation was not done in the proper manner. Only after approaching this Court, this Court has directed the investigation to be done by the Inspector of Police and the Deputy Superintendent of Police was directed to monitor the same. Even after a lapse of several months, no progress was there in the investigation. The body of the petitioner's husband was not yet traced out. The entire investigation was based on the confession statement of the accused and prayed the investigation to be transferred to the second respondent.
3.On the side of the prosecution, it is stated that the investigation was done in the proper manner. Sixty six witnesses were examined by the Police. As per the confession statement of A1 to A3, the body was disposed of in Kaveri river. A team of the Police searched the entire area and information was given to the Police Information Bureau. But so far the body was not traceable.
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4.It is seen that the petitioner's husband was missing from 18.06.2020 and almost two years was over. The investigation was done on the supervision of the third respondent. Hence, the investigation is transferred to the file of third respondent and the third respondent is directed to further investigate the matter and to file a chargesheet within a period of two months from the date of receipt of copy of this order.
5.With the above direction, this Criminal Original Petition is allowed. No Costs.
09.03.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Superintendent of Police, Pudukkottai.
2.The Superintendent of Police, CBCID, Chennai.
3.The District Superintendent of Police, Pudukkottai.
4.The Inspector of Police, Gandharvakottai Police Station, Pudukkottai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R. THARANI,J.
Mrn 09.03.2023 4/4