Dismissed

Usha Rani v. the State Rep.by

Madras HC1 Feb 2021CRL OP/19884/2020

Case brief

AI extract

What is this about?

High Court disposed of a transfer petition regarding pending investigation in a suspicious death case. The court held that with nearly 22 witnesses examined, the investigation was almost complete and declined to interfere until the viscera report was received and the final report filed.

What did the court decide?

Order dismissed; direction to police to file final report within three months.

Usha Rani Vs the State Rep.by — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2021

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CORAM

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THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.19884 of 2020

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Usha Rani .. Petitioner/Defacto Complainant

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The State rep by its. The Inspector of Police, Bhuvanagiri Police Station, Cuddalore District. .. Respondent/Complainant

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Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the investigation in Crime No.1088 of 2020 (on the file of the Inspector of Police, Bhuvanagiri Police Station, Cuddalore District) from the respondent herein to any other agency.

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For Petitioner :Mr.Suresh For Respondent :Mr.Mohammed Riyaz Additional Public Prosecutor

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ORDER

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This petition has been filed seeking for transfer of investigation in Crime No.1088 of 2020, pending on the file of the respondent police.

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2.The learned Additional Public Prosecutor on instructions submitted that the FIR was registered under Section 174 Cr.P.C. since, the death took place under suspicious circumstances. The learned counsel further submitted that nearly 22 witnesses were examined by the Investigation Officer and their statements have also been recorded. The learned counsel further submitted that the viscera has been sent for chemical examination on 28.10.2020 and immediately after the receipt of the report, a final report will be filed before the concerned Court. Mr.Robinson, Investigation Officer was also present at the time of hearing through Video conferencing.

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3.The learned counsel for the petitioner submitted that it is more than four months since the FIR was registered and there was no progress in the investigation.

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4.In the considered view of this Court, the Investigation Officer has examined nearly 22 witnesses and the investigation is almost completed and the Officer is only awaiting for the

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

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viscera report. Therefore, this Court is not inclined to interfere with the investigation at this stage. The effectiveness of the investigation will get revealed only after the final report is filed along with all the materials. The petitioner will have to necessarily wait for the filing of the final report and thereafter, if she has any grievance, can workout her remedy in the manner known to law.

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5.This Criminal original petition is disposed with a direction to the respondent police to file a final report before the concerned Court, within a period of three months from the date of receipt of copy of this order.

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Sd/-

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Assistant Registrar(CS.VIII)

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/True Copy/
Sub Assistant Registrar
To
1.The Inspector of Police,
Bhuvanagiri Police Station,
Cuddalore District.
2.The Public Prosecutor,
High Court of Madras.

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AKM/25.02.21/ 2P-3C/

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Crl.O.P.No.19884 of 2020 01.02.2021

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

Usha Rani v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Usha Rani v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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