Rajasekaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.21908 of 2022 Rajasekaran ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

3.The Inspector of Police, CBCID, Pudukkottai District. ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to transfer the investigation in Crime No.319 of 2022 from the file of the second respondent to the third respondent to conduct investigation in accordance with law and the charge sheet.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.S.S.Madhavan Government Advocate (crl.side) 1/4

O R D E R This Criminal Original Petition is filed seeking for transfer of investigation in Crime No.319 of 2022 on the file of the second respondent to the third respondent.

2. It is submitted by the learned counsel appearing for the petitioner that there are disputes between the petitioner and his brothers in respect of immovable property and a suit was filed against the petitioner and the same was decreed in favour of the petitioner and two days thereafter, the petitioner's son was mysteriously died and the Police have registered a case in Crime No.319 of 2022 for the offence punishable under Section 304(A) IPC. It is submitted that even though a case has been registered under Section 304(A) IPC, there are no traces of the accident which resulted in the death of the petitioner's son and when the petitioner has given many clues to show that it was not an accident but a homicide, the Police are not taking any action and therefore, he sought for transfer of investigation.

3. The learned Government Advocate (criminal side) appearing for the official respondents submits that even after giving instructions to the concerned Police, there is no substantial progress in the investigation. 2/4

4. In view of the above, the Deputy Superintendent of Police, Pudukkottai District, is directed to takeover the investigation of this case which will be monitored by the Superintendent of Police, Pudukkottai District and complete the investigation as expeditiously as possible. Copy of this order be sent to the Inspector General of Police, Madurai, Superintendent of Police, Pudukkottai District and Deputy Superintendent of Police, Pudukottai District, for necessary action.

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

Index : Yes/No 22.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

3.The Inspector of Police, CBCID, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

ssb 22.08.2023 4/4