T. Karuppaiah v. The Home Secretary
Crl.O.P.(MD) No.14053 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.14053 of 2019 T.Karuppaiah ... Petitioner/Father of deceased Vs.
1. The Home Secretary Secretariat, Chennai
2. The Superintendent of Police Pudukottai District
3. The Inspector of Police Udayalipatti Police Station Pudukottai District ... Respondents/Respondents (Crime No.65/2019) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the second respondent to withdraw the investigation of the case in Crime No. 65 of 2019 pending on the file of the third respondent police and transfer the investigation to the CBCID, Pudukottai or any other independent investigating agency. For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.K.Suyambulinga Bharathi No.1 to 3 Government Advocate(Crl.Side)
ORDER
This petition has been filed seeking direction to direct the second respondent to withdraw the investigation of the case in Crime No. 65 of 2019 pending on the file of the third respondent police and transfer the investigation to the CBCID, Pudukottai or any other independent investigating agency.
2. The learned learned counsel for the petitioner would submit that one Subramanian and deceased namely the son of the petitioner went in a two wheeler and they stopped the two wheeler in the left hand side of the road for their natural call. After completing the natural call, the deceased namely the son of the petitioner was standing in the right side of the road. While he was standing in the right side of the road, one four wheeler hit against him and ran away. Therefore he sustained grievous injuries and died. Now the petitioner submitted that the complainant namely the friend who accompanied along with the deceased seeking transfer of investigation.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.14053 of 2019
3. The learned Government Advocate(Crl.side) would submit that in this regard they have examined so many witnesses corroborating the statements of the complainant namely Subramaniyan. Therefore change of investigation will affect the investigation done by the respondent police.
3. Hence, at this stage the prayer sought for by the petitioner for transfer of investigation cannot be considered.
4. In the result, the Criminal Original Petition stands dismissed. However the third respondent police is directed to complete the investigation and file final report before the concerned court within a period of eight weeks from the date of receipt of a copy of this order.
Sd/- Assistant Registrar (Ad-I) // True Copy // Sub Assistant Registrar(CS ) aav To
1. The Home Secretary Secretariat, Chennai
2. The Superintendent of Police Pudukottai District.
3. The Inspector of Police, Udayalipatti Police Station, Pudukottai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court.
+1 CC to Mr.K. BAALASUNDHARAM, Advocate SR-91112. Crl.O.P.(MD) No.14053 of 2019 03.10.2019 CS(21.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2