Madras High CourtCRL OP(MD)/20914/2021disposed of

Pushparani v. The Superintendent Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.20914 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20914 of 2021 Pushparani ... Petitioner / Defacto Complainant Vs.

1. The Superintendent of Police, CB-CID, Chennai.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Deputy Superintendent of Police, O/o.the DSP, Sivagangai, Sivagangai District.

4. The Inspector of Police, Salaigramam police station, Sivagangai District.

(Crime No.187 of 2021) ... Respondents / Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 1 and 2 to change the investigation in Crime No.187 of 2021 which is pending on the file of the fourth respondent to any other competent officer.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. The petitioner is the defacto complainant in Crime No.187 of 2021 registered on the file of Salaigramam police station. The petitioner's husband was brutally murdered. In this regard, only only person has been fixed as an accused. The petitioner's counsel narrated quite a few circumstances which prima facie indicate the involvement of more than one person. The fourth respondent appears to have come to the conclusion that only one person was involved based on the confession of the accused.

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2 CRL.O.P.(MD)NO.20914 OF 2021

3. Since the concerns expressed by the petitioner are legitimate, in order to allay the same, I direct the second respondent to appoint any other officer to continue the investigation. Such proceedings will be issued within a period of four days from the date of receipt of a copy of this order. The newly appointed investigation officer shall file final report as expeditiously as possible.

4. This criminal original petition is disposed of on these terms.

Sd/- Assistant Registrar (CS III) // True Copy // 10/01/2022 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Superintendent of Police, CB-CID, Chennai.

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3. The Deputy Superintendent of Police, O/o.the DSP, Sivagangai, Sivagangai District.

4. The Inspector of Police, Salaigramam police station, Sivagangai District.

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

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