Petitioner sought transfer of investigation regarding her husband's death to CBCID for impartial inquiry under Section 482 Cr.P.C. Court found no case for transfer and directed filing of final report by the third respondent within one month.
Directed third respondent to file final report within one month; petition disposed of without transfer.
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Crl.O.P(MD)No.261 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.261 of 2021
P.Hemavathy
... Petitioner
Vs.
1.The Superintendent of Police, Dindigul.
Dindigul District.
3.The Inspector of Police, Pattiveeranpatty Police Station, Dindigul District.
4.The Superintendent of Police, CBCID, Chennai. ... Respondents
Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the enquiry pending on the file of the 2nd respondent on the basis of the petitioner's complaint dated 16.10.2020 to the 4th respondent or any other independent agency and direct them to conduct impartial investigation with regard to the death of the petitioner's husband Perumal.
For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.
O R D E R
This criminal original petition has been filed seeking transfer of investigation in Crime No.39 of 2021 registered on the file of Pattiveeranpatty police station.
2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that within a period of one month, the final report will be filed.
3.After hearing the learned counsel on either side, I am not satisfied that a case for transfer has been made out. Directing the https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P(MD)No.261 of 2021
third respondent to file final report within a period of one month from the date of receipt of a copy of this order, this criminal original petition is disposed of.
Sd/Assistant Registrar (CS-III)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ias
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Superintendent of Police, Dindigul. 2.The District Superintendent of Police, Nilakottai Post & Taluk, Dindigul District.
3.The Inspector of Police, Pattiveeranpatty Police Station, Dindigul District.
4.The Superintendent of Police, CBCID, Chennai. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.261 of 2021 30.11.2021 (1/2) NSN(CO) GC(08.12.2021) 2P 6C
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2 issues framed by the court
Whether a case for transfer of investigation under Section 482 Cr.P.C. is made out.
Whether to direct the third respondent to file a final report within one month.
P.Hemavathy
Superintendent of Police, Dindigul
District Superintendent of Police, Nilakottai Post & Taluk, Dindigul District
Inspector of Police, Pattiveeranpatty Police Station, Dindigul District
Superintendent of Police, CBCID, Chennai
G.R.Swaminathan
As recorded by the court registry
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