Madras High CourtCRL OP(MD)/16322/2021disposed of

S.M.Sekar v. The Superintendent Of Police

2021-10-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16322 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16322 of 2021 S.M.Sekar ... Petitioner Vs.

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

2.The Inspector of Police, Kalaiyarkoil, Sivagangai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent herein to transfer the investigation of the case in Crime No.137 of 2021 on the file of the second respondent police to any other Officer not below the rank of Deputy Superintendent of Police and to monitor case. For Petitioner : Mr.S.Jayakumar For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor.

ORDER

This criminal original petition has been filed to direct the first respondent herein to transfer the investigation of the case in Crime No.137 of 2021 on the file of the second respondent police to any other Officer not below the rank of Deputy Superintendent of Police and to monitor case.

2.The learned counsel appearing for the petitioner submitted that the petitioner herein is the father of the deceased, who died due to drowning and he was suspecting involvement of the wife of deceased on the death of his son and hence, he filed the present petition seeking transfer of investigation of the case to the Deputy Superintendent of Police.

3.The learned Additional Public Prosecutor appearing for the respondent police, on instructions, submitted that based on the complaint given by the wife of the deceased, a case was registered https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16322 of 2021 in Cr.No.137 of 2021 and finding that it was a case of drowning, the case was closed as "action dropped". He further submitted that RCS notice was also served with the wife.

4.Since the case was closed, transfer of investigation is not necessary at this stage. The petitioner shall workout his remedy in the manner known to law. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kalaiyarkoil, Sivagangai District.

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

+1 CC to M/s.S.JAYAKUMAR, Advocate ( SR-32756[F] dated 27/10/2021 ) Crl.O.P.(MD)No.16322 of 2021 26.10.2021 RD/NS (25.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2