Petitioner sought transfer of investigation into her husband's murder from local police to CBCID under Section 482 Cr.P.C. Court held investigation was proceeding correctly and order premature, dismissing the petition.
Petition dismissed; investigation not transferred.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.2199 of 2016
Ananthi
.. Petitioner
.Vs.
1.The State Rep.by The Superintendent of Police, Ariyalur, Ariyalur District.
2.The Inspector of Police, Senthurai Police Station, Ariyalur District. .. Respondents
Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first respondent police to transfer the investigation in Crime No.1 of 2016 pending on the file of the second respondent police to the Inspector of Police, CBCID, Ariyalur, Ariyalur District.
For Petitioner : Mr.E.Kannadasan
For Respondents : Mr.C.Emalias
Additional Public Prosecutor
ORDER
The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking for direction, directing the first respondent police to transfer the investigation in Crime No.1 of 2016 pending on the file of the second respondent police to the Inspector of Police, CBCID, Ariyalur, Ariyalur District.
2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.
3.Learned counsel for the petitioner submitted that on the basis of the complaint given by the petitioner, a case in Crime No.1 of 2016 for the alleged offences punishable under Section 302 of I.P.C. has been registered against the accused persons. He further submitted that even though five persons were arrested, two persons alone were remanded and three persons were left. Hence he has forward with this petition for the above stated relief.
4.Learned Additional Public Prosecutor filed a status report stating that the petitioner is not an eye witness, her husband, viz, late Muthukrishnan was a coolie worker in Koyambedu Market, Chennai. He had illicit intimacy with one Lalitha. On 31.12.2015, the petitioner's husband proceeded to Chennai for doing his job but he did not returned back. One Kalyanasundaram has informed the petitioner that one Lalitha along with his brother Selvaraj and his sons Murugavel, Sakthivel, Vetrivel murdered her husband. Immediately, the petitioner gave a complaint and the case has been registered under Section 302 of I.P.C. He followed the procedure and on the instruction given by the Superintendent of Police, Trichy District In-charge of Ariyalur District four Special teams had been formed. On 03.01.2016, the A1/Lalitha and A2/Ashok Raj were arrested at Vanjinapuram Bus stop in the presence of witnesses, their confession statement have been recorded, recovery has been made and materials seized were sent for chemical analysis to the Forensic Science Department. It is further stated that they are going to examine some more witness, investigation is going on and there is no necessity for transferring the investigation.
5.In such circumstances, since the investigation is going on in a right direction, I am of the view that it is too premature to order for transfer of investigation. Hence, the Criminal Original Petition is dismissed. Sd/Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kkd To 1.The Superintendent of Police, Ariyalur, Ariyalur District. 2.The Inspector of Police, Senthurai Police Station, Ariyalur District. 3.The Public Prosecutor, High Court, Chennai. + 1 cc to Mr.E. Kannadasan, Advocate sr.15198
Crl.O.P.No.2199 of 2016
RSY(CO) EU 22.03.16
1 issue framed by the court
Whether the investigation into the murder case needs to be transferred from the local police to the CBCID at this stage.
2 provisions across 2 enactments
Ananthi
The State Rep.by The Superintendent of Police, Ariyalur
The Inspector of Police, Senthurai Police Station, Ariyalur District
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
