J.Ramachandran v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN J.Ramachandiran
...Petitioner
Vs.
1.The Superintendent of Police, O/o. The Superintendent of Police, Velunachiyar Compound, Dindigul, Dindigul District.
2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the 1st respondent to transfer the investigation in Crime No. 405 of 2023 on the file of the 2nd respondent herein to any other investigation agency or by appointing special officer.
For Petitioner : Mr.V.Karuna For Respondents : Mr.SS.Madhavan Government Advocate (Crl.Side) 1/4
O RDER This petition is filed under Section 482 of Cr.P.C seeking for transfer of investigation in Crime No.405 of 2023 from the second respondent to any other investigating agency.
2. It is submitted by learned counsel for the petitioner that on a complaint filed by the petitioner, the respondent Police have registered a case in Crime No.405 of 2023 for the offence under Section 174 (3) of Cr.P.C., in respect of suicide committed at her matrimonial home, however, there is no substantial progress in the investigation, hence, sought for transfer the investigation.
3. Learned Government Advocate (Criminal Side) has submitted that the deceased has committed suicide by hanging in her matrimonial home within four years of marriage and as per the postmortem report, there are no external injuries and that she has no issues for the last four years, thereby, she was suffered with mental agony. It is further submitted that the defacto complainant has given mobile phone having a voice message in the Whatsapp application and that the investigation is being done in respect of the said messages and the defacto 2/4
complainant, who is the brother of the deceased, has filed a complaint against inlaws in respect of death and investigation is in progress.
4. On considering the submissions made by both sides, more particularly, learned Government Advocate (Criminal Side), it is clear that the investigation is commenced back a month ago, thereby, it cannot be arrived at this point of time whether investigation required to be transferred from the second respondent to any other Police Officer.
5. In view of the above, the Criminal Original Petition is disposed of, directing the respondent Police to complete the investigation as expeditiously as possible not later than three months from the date of receipt of a copy of this order. If the petitioner is aggrieved by the investigation, he is at liberty to take appropriate legal remedy.
22.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4
DR.D.NAGARJUN. J.
tsg To 1.The Superintendent of Police, O/o. The Superintendent of Police, Velunachiyar Compound, Dindigul, Dindigul District.
2.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.14716 of 2023 22.08.2023 4/4