Madras High CourtCRL OP(MD)/15502/2019disposed of

E. Suganya v. The Superintendent Of Police

2019-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15502 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15502 of 2019 E. Suganya ... Petitioner/Complainant -Vs1.The Superintendent of Police Dindigul District.

2.The Superintendent of Police CBCID, Chennai.

3.The Inspector of Police Natham Police Station, Dindigul District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the investigation in cr.no.642/19 on the file of the third respondent to second respondent for fair investigation and to file a final report.

For petitioner : Mr.A.Senthilkumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This petition has been filed to transfer the investigation in Crime No.642 of 2019 on the file of the third respondent to second respondent for fair investigation and file a final report.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) for the respondent police. 3.On the complaint lodged by the petitioner a case has been registered in Crime No.642 of 2019 by the third respondent police. The husband of the petitioner committed suicide by pouring kerosene and set fire himself and died. Thereafter, he admitted in the hospital and the case has been registered under Section 174 Cr.P.C. The learned Judicial Magistrate No.VII, Madurai, recorded his Dying Declaration on 09.09.2019 itself and the investigation is pending. The grievance of the petitioner is that the statement of the petitioner as well as her relatives is not recorded by the third respondent. Therefore, the petitioner sought for transfer of investigation.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15502 of 2019

4. Under these circumstances, if the case has been transferred, it would affect the entire investigation and as such the transfer of investigation cannot be considered at this stage. However, the third respondent is directed to conduct proper investigation, after recording the statement of the petitioner and other relatives, and thereafter, complete the investigation and file the final report within a period of twelve weeks from the date of receipt of a copy of this order. The first respondent is directed to monitor the investigation and ensure that the third respondent shall complete the investigation and file the final report as directed by this Court.

5. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Ls To 1.The Superintendent of Police Dindigul District.

2.The Superintendent of Police CBCID, Chennai.

3.The Inspector of Police Natham Police Station, Dindigul District.

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

5. The Judicial Magistrate No.VII, Madurai +1 CC to Mr.A.SENTHIL KUMAR, Advocate (SR-94516[F] dated 25/10/2019 ) Crl.O.P.(MD)No.15502 of 2019 25.10.2019 MK (19.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2