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Madras High CourtCRL OP(MD)/19321/2022disposed of

P. Kayalvili v. The Commissioner Of Police

2024-02-16Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Kayalvili ... Petitioner Vs.

1.The Commissioner of Police, 2.The Inspector of Police, Alanganallur Police Station, 3.The Inspector of Police, CBCID, Madurai District.

... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.182 of 2022 from the file of the second respondent and entrust the same to the third respondent in accordance with law based on the petitioner's representation, dated 10.10.2022. For Petitioner : Mr.K.S.Duraipandian For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to transfer the investigation in Crime No.182 of 2022 from the file of the second respondent and entrust the 1/4

same to the third respondent in accordance with law based on the petitioner's representation, dated 10.10.2022.

2.The case of the petitioner is that the petitioner's elder son Muthukumar left the home saying that he was going to take bath with his friend Vicky s/o Viji. But the petitioner's son did not return home in time. Hence, the petitioner asked her daughter to call her son Muthukumar by phone around 04.30 p.m. When the petitioner was called his son, he picked up the phone and answered that he was bathing in the well with his friends named Vicky and five others at Kulamangalam Panchayat near Pannaikudi. Subsequently, he did not return the home and thereafter, the petitioner contacted over phone, the cell phone was switched off. Thereafter, he came to know that his son had died and the body was taken to the Vadipatti Government Hospital Mortuary. Hence, the petitioner made a complaint before the second respondent police and the same was registered in Crime No.182 of 2022 for the offence under Section 174 of Cr.P.C. But till date, the second respondent police has not completed the investigation and filed a final report. Hence, the present petition is filed for transfer of investigation.

3.The learned counsel for the petitioner would submit that this Court may issue a direction to the second respondent to complete the investigation and the 2/4

same may be monitored by the higher official, namely, the Deputy Superintendent of Police, within a reasonable time as fixed by this Court. 4.The learned Additional Public Prosecutor appearing for the respondents would submit that this Court may issue a direction to the respondents police to complete the investigation within a reasonable time as fixed by this Court. 5.In view of the above, the second respondent is directed to complete the investigation in Crime No.182 of 2022 and file a charge sheet before the concerned Court, within a period of twelve weeks from the date of receipt of a copy of this order. The investigation shall be monitored by the concerned Deputy Superintendent of Police.

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

Index : Yes/No 16.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Commissioner of Police, 3/4

M.DHANDAPANI, J.

Sji 2.The Inspector of Police, Alanganallur Police Station, 3.The Inspector of Police, CBCID, Madurai District.

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

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