Madras High CourtCRL OP(MD)/13960/2023disposed of

M.Paramasivam v. The Superintendent Of Police

2023-08-07Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN M.Paramasivam ... Petitioner / Defacto complainant Vs 1.The Superintendent of Police, Crime Branch CID Special Wing, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai-600 008.

2.The Inspector of Police, Crime Branch CID, Thinnappa Nagar, 5th Cross Road, Gandhi Nagar, Karur, Karur District.

3.The Superintendent of Polcie, Karur District, Karur.

4.The Deputy Superintendent of Police, Thanthonimalai, Karur District.

5.The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.119 of 2023) ..Respondents/Respondents 1/4

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to withdraw the investigation of the case registered on the file of the fifth respondent in Crime No.119 of 2023 now pending on the file of the fourth respondent herein and to transfer the same to the file of the second respondent for the purpose of taking appropriate, effective and expeditious investigation of the case.

For Petitioner : Mr.Balasundaram Senior Counsel for Mr.A.Saravanan For Respondents : Mr.SS.Madhavan Government Advocate (Criminal Side)

O R D E R

This petition is filed seeking for a direction to transfer the investigation in Crime No.119 of 2023 from the fourth respondent to the second respondent.

2. It is submitted by learned Senior Counsel for the petitioner / Defacto complainant that his daughter has committed suicide on 09.03.2023 merely 13 days after marriage with one Sudharsan by leaving suicide note that since her husband Sudharsan is having illicit relation with one Ramya, she has committed suicide. It is alleged that though the complaint originally registered by the respondent Police against the accused under Section 174 (3) of Cr.P.C., 2/4

subsequently, amended the Section of Law to 306 of I.P.C. against the said Sudharsan alone leaving the said Ramya. It is also submitted that the Police have not sent the suicide note to the Handwriting Expert to ascertain whether the deceased herself has written the same or not.

3. Learned Government Advocate (Criminal Side) on the other hand, submits that the suicide note has been referred to the Handwriting Expert during the course of investigation, however, in respect of not including the name of the said Ramya as one of the accused in this case. It is submitted that the respondent Police have already instructed to array the said Ramya as one of the accused. The same is recorded.

4. Since the respondent Police are investigating the case in proper lines and some steps are already been taken to include the said Ramya as one of the accused, no further directions are require in this case.

5. Accordingly, the Criminal Original Petition stands disposed of. 07.08.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

tsg To 1.The Superintendent of Police, Crime Branch CID Special Wing, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai-600 008.

2.The Inspector of Police, Crime Branch CID, Thinnappa Nagar, 5th Cross Road, Gandhi Nagar, Karur, Karur District.

3.The Superintendent of Polcie, Karur District, Karur.

4.The Deputy Superintendent of Police, Thanthonimalai, Karur District.

5.The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.119 of 2023) 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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