Disposed

M.Ganesan v. the Superintendent of Police

Madras HC18 Feb 2020CRL OP/25537/2013

Case brief

AI extract

What is this about?

Petitioner sought transfer of investigation into wife's suspicious death to Crime Branch CID. Court directed identification and reopening of misplaced file by Superintendent of Police, Thirupathur, and completion within six months, holding transfer was secondary.

What did the court decide?

Direction to Superintendent of Police to locate file, appoint competent officer, investigate within six months; petition disposed.

M.Ganesan Vs the Superintendent of Police — Criminal Trial and Appeal | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED :18.02.2020

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

¶5

Crl.O.P.No.25537 of 2013

¶6

M.Ganesan ... Petitioner
Vs.
1.The Superintendent of Police,
Vellore District.
2.The Inspector of Police,
Ambur Town Police Station,
Velore district.
(Cr.NO.61 of 2011)
3.The Inspector of Police,
Crime Branch CID,
Guindy Industrial Estate,
Guindy, Chennai -600 032.
4.The Superintendent of Police,
Thirupathur.
(R4 impleaded as respondent suo motu,
as per direction of this Court on 18.02.2020)
... Respondents

¶7

Prayer: Petition filed under Section 482 of Cr.P.C., praying to transfer the investigation to some other authority, specifically CBCID the 3rd respondent herein and to issue a direction to conduct a fair investigation and file the charge sheet under Section 302 of IPC in Cr.No.61/2011 on the file of the 2nd respondent.

¶8

For Petitioner : M/S.S.S.Jhothivani

¶9

For Respondents: Mr. C.Iyyapparaj, APP

¶10

ORDER

¶11

This Criminal Original Petition is filed by the petitioner, seeking to transfer the investigation to some other authority, specifically CBCID the 3rd respondent herein https://hcservices.ecourts.gov.in/hcservices/ and to issue a direction to conduct a fair investigation and

¶12

to file a charge sheet under Section 302 of IPC in Cr.No.61/2011, on the file of the 2nd respondent.

¶13

The case of the petitioner is that the petitioner is a native of East Sanankuppam village, belonging to scheduled caste community and is an ex-serviceman. The petitioner's wife viz., Boologam @ Mary Josephin, was working as a Laboratory Assitant at Government Higher Secondary School, Gudiyatham and was amputated with her right leg, due to diabetes. On 28.11.2010, when the petitioner was away from his native village to Vellore, the petitioner was informed over phone that petitioner's wife Boologam @ Mary Josephin, was dead and petitioner immediately rushed to his village and performed the last rites of his diseased wife. Subsequently the petitioner came to know about the nature of death of his wife and suicide news was informed by the sister of the deceased wife that the death had taken place under mysterious circumstances and his deceased wife's sister had seen the deceased in a position that face of the deceased was plunged in the mud, the hands were spreading towards North and South position with fingers bent, bleeding was found in her left eye, and the body was lying on the washing stone and her legs were extended, her colthes were torn and with motion at her back and thereby the petitioner suspected that his wife's death was suspicious one and the petitioner was also suspected one R.Lessy, wife of Mr.Ravi, neighbour of the petitioner, who is also a relative of the petitioner, who have previous enmity with the petitioner and thet used to qurrel very often with his wife. Accordingly, the petitioner made a complaint on 03.01.2011 orally and written complaint was preferred by him on 10.01.2011 and an FIR was registered on 27.01.2011 in Cr.NO.61 of 2011, under sections 174(1) and 176 (3) of CrPC on the file of the second respondent herein. Till date, there was no progress in the investigation. Hence the petitioner field the present petition under Section 482 of Cr.P.C. for transfer the investigation to CBCID.

¶14

3.The learned counsel appearing for the petitioner would submit that the death of the petitoner's wife was taken place in a suspicious manner and under mysteriious circumstances and even after filing the First Information Report, after lapse of seven years, the investigation was not completed. Hence, she prays for allowing the petition, by transfering the said complaint to CBCID for conducting the investigation in a fair manner.

¶15

4.The Superintendent of Police, Thirupathur, is impleaded as 4th Respondent, suo motu by this Court.

¶16

The Additional Government Pleader appearing for State, on instructions would submit that the petitioner's complaint was registered on 27.01.2011 in Cr.NO.61 of 2011, under sections 174(1) and 176 (3) of CrPC and the said file https://hcservices.ecourts.gov.in/hcservices/ was misplaced by the then Inspector of police and till date,

¶17

the file was un-traceable and continued for trying to locate the file. Hence he prays for this Court to issue a Direction to the Superintendent of Police, Thiruppathur. Earlier the said Police Station comes under Vellore District due to fibrication of Districts, now the said Police Station comes under Thirupathur District to furnish the report after through investigation within a reasonable time fixed by this Court.

¶18

6.Considering the facts and circumstances of the case, though the transfer of Investigation is second thing, the complaint was filed before the law enforcing agency. However, till date, the investigation has not completed on the ground that the file was not located. Hence, it is an appropriate case to issue a direction to the Superintendent of Police/ fourth Respondent, hand over the investigation to competent officer and to locate the file and to conduct the investigation, who is deem and fit, and not to the Inspector of police, who is attached to the Police station and conclude the investigation within a period of six months, from the date of receipt of copy of this order.

¶19

With the above directions, this Criminal Original
Petition is disposed of.
Sd/-
Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
To
1.The Superintendent of Police, Vellore.
2.The Superintendent of Police, Thiruppathur.
3.The Inspector of Police, Crime Branch CID,
Guindy Industrial Estate, Guindy, Chennai -600 032.
4.The Public Prosecutor, High Court, Madras.
5. The Inspector of General, (North),Vellore District.
+1cc to M/S.S.S.Jhothivani, Advocate SR.No.13582

¶20

Crl.O.P.No.25537 of 2013

¶21

RSV(CO) https://hcservices.ecourts.gov.in/hcservices/ GMY(19/03/2020)

M.Ganesan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

M.Ganesan v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

R.Vengadesh Vs State Rep by Its

M/S.Dhanalakshmi Charitable Vs M/S.Housing and Ubran

M/S.Dhanalakshmi Charitable Vs M/S.Housing and Ubran

P.Rajaji Vs S.Hemalatha

Mr.Anthony Jaker Vs G.N.Chetty Road, T.Nagar

Sukumar Ramalingam Vs M/S.Canbank Factors Ltd.