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Madras High CourtWP(MD)/13376/2013dismissed

Resilammal v. The Deputy Inspector General

2018-06-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13376 of 2013 Resilammal ... Petitioner Vs.

1.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.

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

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

4.The Inspector of Police, CB CID, Nagercoil, Kanyakumari District.

5.The District Collector, Kanyakumari District, Kanyakumari.

6.The Revenue Divisional Officer, Padmanabhapuram, Thucklay, Kanyakumari District.

7.The Tahsildar, Vilvancode Taluk, Kuzhithurai, Kanyakumari District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to transfer investigation of Crime No.350 of 2013 on the file of the third respondent to the fourth respondent or any other independent agency within a time stipulated by this Court. For Petitioner : Mr.R.Nandakumar For Respondents : Mr.Aayiram K.Selvakumar, Addl., Govt.Pleader

ORDER

Heard the learned counsel on either side. This writ petition is taken up for disposal at the admission stage itself. 2.The petitioner's son Pramoth was employed as a Conductor in a private concern. He was found dead in the morning of 28.05.2013. https://hcservices.ecourts.gov.in/hcservices/

Suspecting some foul play, the petitioner lodged a complaint leading to registration of Crime No.350 of 2013 on the file of the third respondent herein under Section 174 of Cr.PC. 3.The third respondent had filed a status report. This Court went through the same. It also perused the Postmortem Certificate and the Visera report. It is seen therefrom that no injury was found on the body of the deceased and that there was also no poisoning. There is nothing to suspect that the death was homicidal in nature. Hence, the petitioner has not made out a case for transfer of investigation. The third respondent is directed to file a final report before the Jurisdictional Magistrate within a period of three weeks from the date of receipt of a copy of this order. 4.Hence, this writ petition stands dismissed. No costs. Sd/- Assistant Registrar(P&A) /True copy/ Sub Assistant Registrar To 1.The Deputy Inspector General of Police, Tirunelveli District, Tirunelveli.

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

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

4.The Inspector of Police, CB CID, Nagercoil, Kanyakumari District.

5.The District Collector, Kanyakumari District, Kanyakumari.

6.The Revenue Divisional Officer, Padmanabhapuram, Thucklay, Kanyakumari District.

7.The Tahsildar, Vilvancode Taluk, Kuzhithurai, Kanyakumari District. +1cc to Special Government Pleader, SR.No.67900. +1cc to Mr.R.Nandakumar, Advocate, SR.No.67795. W.P(MD)No.13376 of 2013 11.06.2018 skm RAM/SKN RSK/SAR 3/02.07.2018/2P/10C https://hcservices.ecourts.gov.in/hcservices/