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Madras High CourtCRL OP(MD)/22049/2024closed

V.Santhi v. The State Of Tamil Nadu

2025-08-04Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI V.Santhi ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Rajagopalapuram, Pudukkottai District.

3.The Inspector of Police, Vallathirakottai Police Station, Pudukkottai District.

4.The Inspector of Police, CBCID, Pudukkottai.

... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to withdraw the investigation pending in Crime No.63 of 2024 on the file of the third respondent and transfer the same to the fourth respondent on any other independent investigating agency.

For Petitioner : Mr.A.Purantharadhasar 1/5

For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

The petitioner, who is the mother of deceased in Cr.No.63 of 2024 on the file of the third respondent, has filed this petition seeking a direction to transfer the investigation of the said case to the file of fourth respondent.

2.The petitioner's son, namely Sudhakaran died in an accident. The petitioner with a grievance that it is not an accident and he must be murdered, has submitted a representation to the respondent Police and also filed this petition.

3.When the matter was taken up for hearing on 21.07.2025, it was reported that the investigation in Cr.No.63 of 2024 was almost completed and that they are about to file the final report. Therefore, this Court directed the respondent Police to furnish all copies of postmortem report, viscera report and final opinion of the Doctor. As directed by this Court, all 2/5

the reports have been furnished to the petitioner. The learned Additional Public Prosecutor submits that the Doctor has identified the presence of the alcohol in the stomach of the deceased. According to the Police, the deceased fell down from the bridge under the influence of liquor and therefore, they are going to close the case as action dropped and they are awaiting for orders of this Court for filing final report. 4.This Court has considered the submissions made on either side and perused the available records. 5.The petitioner with a suspicion that the death of her son may not be an accident and it must be a murder has filed this petition seeking transfer the investigation of the case in Cr.No. 63 of 2024. The respondent Police claims that they have completed the investigation and they are awaiting for orders of this Court to file the final report. In the event, if the investigation has been completed, the respondent Police shall file the final report, within a period of one week from the date of receipt of a copy of this order. This Court also directs the 3/5

respondent Police to serve RCS notice along with copy of the final report. It is open to the petitioner to file protest petition before the concerned Magistrate Court. Accordingly, this criminal original petition is closed.

04.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Rajagopalapuram, Pudukkottai District.

3.The Inspector of Police, Vallathirakottai Police Station, Pudukkottai District.

4.The Inspector of Police, CBCID, Pudukkottai.

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

4/5

B.PUGALENDHI,J gns 04.08.2025 5/5