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Madras High CourtCRL OP(MD)/15757/2024disposed of

Palaniammal v. The State Of Tamil Nadu

2024-09-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Palaniammal ... Petitioner Vs.

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

2.The Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.

Crime No.278 of 2023 3.The Inspector of Police, CBCID, Virudhunagar.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to withdraw the case in Crime No.278 of 2023 from the second respondent and hand over the same to the third respondent or to some other investigation agency and to complete the investigation and file a final report within a period may fixed by this Court.

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For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to withdraw the case in Crime No.278 of 2023 from the second respondent and hand over the same to the third respondent or to some other investigation agency and to complete the investigation and file a final report within a period may fixed by this Court.

2. It is not in dispute that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.278 of 2023 on 28.12.2023 for the alleged offence under Section 174 Cr.P.C.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that after registration of the FIR, they have examined 11 witnesses and they have received the medical records except the chemical analysis report and the final opinion with regard to 2/4

postmortem and seeks three months time for completing the investigation and file final report.

4. Recording the same, the second respondent is directed to complete the investigation in Crime No.278 of 2023 and file a final report before the jurisdictional Court within a period of three months from the date of receipt of a copy of this order and the jurisdictional Deputy Superintendent of Police is directed to monitor the investigation. The second respondent is also directed to consider the petitioner's representation dated 02.02.2024 while proceeding with the investigation.

5. With the above direction, this Criminal Original Petition stands disposed of.

19.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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K.MURALI SHANKAR,J.

csm 2.The Deputy Superintendent of Police, Aruppukottai Division, Aruppukottai, Virudhunagar District.

3.The Inspector of Police, Town Police Station, Aruppukottai, Virudhunagar District.

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

Order made in Dated: 19.09.2024 4/4