Jeyapandiyammal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14679 of 2025 Jeyapandiyammal ... Petitioner/ Defacto Complainant's daughter Vs.

1.State of Tamil Nadu, The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sattur Division, 3.The Inspector of Police, Sattur Police Station, 4.The Inspector of Police, Appayanaickenpatti Police Station, (In Crime No.80/2025) 5.The Dean, Sattur Government Hospital, ... Respondents 1/5

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to pass an order directing the 1st respondent to transfer the investigation in Crime No.80/2025 on the file of the 4th respondent to the 2nd respondent to conduct free and fair investigation.

For Petitioner : Mr.A.Rajaram For R-1 to R-4 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner has sought for transfer of investigation in Crime No.80 of 2025 registered for the offence under Section 194 of BNSS, 2023 from the file of the fourth respondent to the second respondent.

2. The allegation raised by the petitioner is that the victim died due to improper treatment given by the doctors and the fourth respondent is not taking any effective action.

3. The learned Additional Public Prosecutor per contra submitted that the allegation is of medical negligence and necessary enquiry has to be conducted to ascertain whether there is gross negligence by the medical professionals and the investigation is being conducted in an effective manner. He would further 2/5

submit that the investigation would be completed on receipt of enquiry report from the Dean of the Hospital.

4. In view of the submission made by the learned Additional Public Prosecutor, this Court is of the view that it cannot be said that the investigation is not being conducted in a proper manner.

5. Hence, the Criminal Original Petition stands dismissed. 08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sattur Division, 3.The Inspector of Police, Sattur Police Station, 3/5

4.The Inspector of Police, Appayanaickenpatti Police Station, 5.The Dean, Sattur Government Hospital, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.14679 of 2025 08.09.2025 5/5