Madras High CourtCRL OP(MD)/13929/2019disposed of

M. Marialazar v. The Commissioner Of Police

2019-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.13929 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.13929 of 2019 M.Marialazar ... Petitioner Vs.

1.The Commissioner of Police, Trichy, Trichy District.

2.The Inspector of Police, Traffic Investigation Wing (TIW) North, Trichy, Trichy District.

(In Cr.No.232 of 2018)

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent Commissioner of Police to appoint the independent officer other than the 2nd respondent and investigate and file final report in Crime No.232 of 2018, dated 10.12.2018 on the file of the Traffic Investigation Wing (TIW) North Police Station, Trichy, Trichy District.

For Petitioner : Mr.S.Xavier Rajini For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking a direction to the first respondent Commissioner of Police to appoint the independent officer other than the 2nd respondent and to investigate and to file a final report in Crime No.232 of 2018, dated 10.12.2018 on the file of the Traffic Investigation Wing (TIW) North Police Station, Trichy, Trichy District.

2. The learned counsel for the petitioner would submit that the petitioner is a father of the deceased. The deceased was driving a two wheeler namely, Apache Yellow Colour bearing Registration No.TN-75-B-1467 from Chennai to Trichy, he was dashed with unknown vehicle near Railway Bridge, Old Palpannai, Trichy and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13929 of 2019 died in the spot on 10.12.2018. The second respondent police registered an F.I.R. on 10.12.2018, in Crime No.232 of 2018 for the offences under Sections 279 and 304 of IPC. Unfortunately, till today the second respondent did not find out the accused and the investigation is still pending.

3. Considering the above facts and circumstances of the case, the second respondent is directed to verify the CCTV footage on the ground of crime and complete the investigation within a period of three months from the date of receipt of a copy of this order.

The first respondent is directed to monitor the investigation and ensure that the second respondent shall complete the investigation within a time stipulated by this Court.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Commissioner of Police, Trichy, Trichy District.

2.The Inspector of Police, Traffic Investigation Wing (TIW) North, Trichy, Trichy District.

+1 CC to M/s.S.XAVIER RAJINI, Advocate ( SR-91387[F] dated 04/10/2019 ) Crl.O.P.(MD)No.13929 of 2019 03.10.2019 JMN(24.10.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2