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Jayapradha v. the Director General of Police

Madras HC26 Jun 2019CRL OP/12384/2016

Case brief

AI extract

What is this about?

The High Court transferred a death investigation case from the local police station to the Deputy Superintendent of Police after finding the closure report prompted by an undetected vehicle to be unsatisfactory despite reported vehicle details.

What did the court decide?

Transfer of investigation from the Inspector of Police, Chidambaram Town Police Station to the Deputy Superintendent of Police, Chidambaram.

Jayapradha Vs the Director General of Police — Execution and Attachment | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P No.12384 of 2016 and Crl.MP No.6384 of 2016

Jayapradha

...Petitioner

1. The Director General of Police (DGP), Head Quarters Tamil nadu Police Department, Government of Tamil Nadu, Beach Road, Mylapore, Chennai. 2. The Additional Director General of Police (ADGP), Head Quarters Tamil nadu Police Department, Government of Tamil Nadu, Beach Road, Mylapore, Chennai. 3. The Inspector General of Police, North Zone, Office of the IGP North Zone, Government of Tamil nadu, St. Thomas Mount (North Zone), Chennai. 4. The District Superintendent of POlice, O/o. District Superintendent of Police, Cuddalore District, Tamil Nadu. 5. The Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District. 6. The Sub-Inspector of Police, Chidambaram Town Police Station, Chidambaram, Cuddalore District, Tamil Nadu. 7. Mr.A.Kumar 8. Mr.P.Nagarajan

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https://hcservices.ecourts.gov.in/hcservices/

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The Deputy Inspector General of Police (Intelligence), Office of the Deputy Inspector of Police, Villupuram District, Tamil Nadu.

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The Director, Central Bureau of Investigation, Shastri Bhavan, Nungambakkam, Chennai ...Respondents

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PRAYER :

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Criminal Original Petition filed under Section 482 of Criminal Procedure Code, pleased to transfer the investigation of the case in Crime No.500 of 2015 pending investigation on the file of the 7th & 8th respondent police station i.e Chidambaram Town Police Station to the 10th respondent, The Director, Central Bureau of Investigation, Shastri Bhavan, Nugambakkam, Chennai.

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For Petitioner : Mr.E.Sathiyaraj for Mr.A.K.Velan

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For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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ORDER

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This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.500 of 2015, pending on the file of the 5th respondent.

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The case of the petitioner is that the husband of the petitioner, who was riding his motor vehicle was dashed by the accused person, who was coming in the opposite direction and driving his vehicle in a rash and negligent manner. The husband of the petitioner sustained head injuries and he died in the hospital. Even in the complaint, registration number of the vehicle was mentioned. Inspite of the same, there was absolutely no progress in the investigation and therefore, the present petition has been filed seeking for transfer of investigation.

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The learned Additional Public prosecutor submitted that the 5th respondent had filed a closure report before the learned Judicial Magistrate II, Chidambaram, on the ground that the vehicle is undetected and no offense has been made out.

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This Court has carefully considered the submissions made on either side and also the materials available on record.

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https://hcservices.ecourts.gov.in/hcservices/

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Taking into consideration the facts and circumstances of the case, this Court is not convinced with the manner in which the 5th respondent has conducted the investigation. The petitioner has lost her husband and she is knocking the doors of this Court seeking for justice and the 5th respondent inspite of being informed about the particulars of the vehicle, has proceeded to file a closure report as " vehicle undetected". The investigation in Crime No.500 of 2015 on the file of the 5th respondent is transferred to the file of the Deputy Superintendent of Police, Chidambaram. The 5th respondent is directed to hand over the entire case dairy to the Deputy Superintendent of Police, Chidambaram, within a period of two weeks from the date of receipt of copy of this order. The Deputy Superintendent of Police, Chidambaram, shall proceed further with the investigation effectively and shall complete the same within a period of three months and file a final report.

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This Criminal original petition is disposed of with the
above directions.Consequently, the connected miscellaneous
petition is also closed.
Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
rka
To
1. The Director General of Police (DGP),
Head Quarters Tamil nadu Police Department,
Government of Tamil Nadu,
Beach Road,
Mylapore, Chennai.
2. The Additional Director General of Police (ADGP),
Head Quarters Tamil nadu Police Department,
Government of Tamil Nadu,
Beach Road,
Mylapore, Chennai.
3. The Inspector General of Police, North Zone,
Office of the IGP North Zone,
Government of Tamil nadu,
St. Thomas Mount (North Zone),
Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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The District Superintendent of Police,
O/o. District Superintendent of Police,
Cuddalore District, Tamil Nadu.
5. The Inspector of Police,
Chidambaram Town Police Station,
Chidambaram, Cuddalore District.
6. The Sub-Inspector of Police,
Chidambaram Town Police Station,
Chidambaram, Cuddalore District,
Tamil Nadu.
7. The Deputy Inspector General of Police (Intelligence),
Office of the Deputy Inspector of Police,
Villupuram District,
Tamil Nadu.
8. The Director,
Central Bureau of Investigation,
Shastri Bhavan, Nungambakkam,
Chennai
9. The Public Prosecutor,
High Court of Madras.
+1cc to Mr.A.K.Velan, Advocate, S.R.No.54130
CRL.OP No.12384 of 2016
PA(CO)
CS/29/07/2019

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https://hcservices.ecourts.gov.in/hcservices/

Jayapradha v. the Director General of Police

Case brief

What is this about?

What did the court decide?

Jayapradha v. the Director General of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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