Janaki v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Janaki ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of Police, Sivaji Nagar, 2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, 3.The Inspector of Police, Medical College Police Station, (Crime No.396 of 2022)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 1st respondent to transfer the investigation from 3rd respondent and to appoint some other investigation officer for conducting the enquiry in the case in Crime No. 396 of 2022 u/s 174 of Cr.P.C on the file of the 3rd respondent. 1/6

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This petition has been filed seeking direction to the 1st respondent to transfer the investigation from 3rd respondent and to appoint some other investigation officer for conducting the enquiry in the case in Crime No. 396 of 2022 u/s 174 of Cr.P.C on the file of the 3rd respondent.

2.The son of the petitioner by name Aanantharaj was working in Thanjavur Medical College. Since 2011 there was a issue between the Aanantharaj and his wife. They are living separately. He came to the Village on 04.06.2022 for attending a marriage and returned back to Thanjavur. On 07.06.2022 at about 08.00 a.m. the third respondent police called him stating that Aanantharaj died near Thanjavur Bus stand. 3.Prior to that on 06.06.2022 at about 10.10 p.m., a call was received by this petitioner's daughter stating that the deceased did not 2/6

come to Annamalai Hotel, where he was staying. Hence, the petitioner's daughter immediately called the deceased over mobile phone. At that time, he informed that he was taking food in the hotel and will return to the room. At about 06.40 p.m. on 07.06.2022 while attending the mobile phone, it was alleged that he fell down from the terrace portion and died. Suspicion arose over the circumstances, under which the above said death occurred. But, so far no proper investigation has been undertaken on that line. So this petition has been filed seeking transfer of investigation.

4.The grievance of the petitioner is that even after lapse of 11⁄2 years of the action, no final report has been filed, after completing the investigation.

5.On going through the records and after hearing the Investigating Officer, I find absolutely no suspicious circumstances in the death of the petitioner's son.

6.Let the above said investigation be completed by the respondent 3/6

police within a period of three months from the date of receipt of a copy of this order and file the final report before the concerned Court. 7.It is further submitted that the cloths belongs to the deceased are still in custody of the Annamalai Hotel. The learned Government Advocate (Crl. Side) may instruct the Investigating Officer in this regard also.

8.With the above said directions, this criminal original petition stands disposed of.

22.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, O/o. Superintendent of Police, Sivaji Nagar, 2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thanjavur, Thanjavur District.

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3.The Inspector of Police, Medical College Police Station, (Crime No.396 of 2022) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 22.11.2023 6/6