Selvaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2021

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and M.P(MD)No.1 of 2014 Selvaraj ... Petitioner Vs.

1.The Superintendent of Police, Ramamathapuram District

2. The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District 3.The Inspector of Police, CBCID Police, Ramanathapuram District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.185 of 2013 pending investigation on the file of the second respondent, from the second respondent to the third respondent. For Petitioner : Mr.G.Bhagavathsingh For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

O R D E R

This petition has been filed seeking transfer of investigation in Crime No.185 of 2013 on the file of the second respondent police. The petitioner is the father of Jenifer @ Jeyanthi, who committed suicide on 12.09.2013.

2. Heard both sides.

3. Initially, the second respondent police registered a case in Crime No.185 of 2013 under Section 174 Cr.P.C The petitioner herein suspected that the role of the school management is there for forcing his daughter to commit suicide. Investigation conducted by the second respondent police indicates that the 1/3

deceased had affair with one Babu. When the said Babu came to her house to give invitation for his marriage with another girl by name Merlin, the deceased got depressed and committed suicide.

4. Thereafter, the case has been altered into Section 306 IPC against the said Babu. As of now, investigation is almost completed, but due to the pendency of the present Criminal Original Petition, the second respondent police is unable to proceed further.

5. This Court finds that the second respondent police, who has conducted investigation, has arrived prima facie conclusion that the deceased was abutted to commit suicide by one Babu. Suicide has been committed at the house of the deceased and therefore, there is nothing to suspect the credibility of the investigation agency so as to transfer the investigation.

6. Since the case is of the year 2013, the second respondent police is directed to complete investigation and file a final report at the earliest. On filing such final report, the trial court shall take up the matter day to day basis and complete the trial as expeditiously as possible.

7. With the above directions, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To, 1.The Superintendent of Police, Ramamathapuram District

2. The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District 2/3

3.The Inspector of Police, CBCID Police, Ramanathapuram District.

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

and M.P(MD)No.1 of 2014 13.12.2021 RK(27/12/2021) 3P 5C 3/3