Dismissed¶27

Mahalakshmi v. State Rep by

Madras HC6 Feb 2025CRL OP/17373/2023

Case brief

AI extract

What is this about?

Madras High Court, Crl.O.P.No.17373 of 2023, decided 06.02.2025 by G.K.ILANTHIRAIYAN, J. Petition under S.528 BNSS 2023 by wife of deceased seeking transfer of investigation in Crime No.581 of 2023 (S.174 Cr.P.C., Palladam Police Station, Tiruppur) to an independent agency; dismissed as investigation already complete pending viscera report; direction to file final report within twelve weeks; drowning death; postmortem dated 31.05.2023.

What did the court decide?

No relief to the petitioner; petition dismissed. Respondent directed to complete the investigation and file a final report within twelve weeks. ¶27

Mahalakshmi Vs State Rep by — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.17373 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.02.2025

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.17373 of 2023

Mahalakshmi

... Petitioner

State Rep By Inspector of Police, Palladam Police Station, Tiruppur. Crime No.581 of 2023.

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... Respondent

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PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation pending in Crime No.581 of 2023 on the file of Palladam Police Station, Tiruppur to any other independent investigation agency / competent authority by appreciating the above stated facts and circumstances.

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For Petitioner : Mr.S.Mayilnathan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.side)

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ORDER

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This Criminal Original Petition has been filed to transfer the

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investigation pending in Crime No.581 of 2023 on the file of the respondent to any other investigation agency.

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17373 of 2023

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Heard the learned counsel on either side and perused the materials placed on record.

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The petitioner is the wife of the deceased. Her husband died due to drowning in the lake, on 30.05.2023. On the said complaint, FIR has been registered by the respondent in Crime No.581 of 2023 under Section 174 of Cr.P.C. During investigation, it was found that the petitioner died due to drowning and the postmortem report dated 31.05.2023 also confirmed the same. The cause of death is stated as Pulmonary Oedema Cerebral Oedema due to Asphyxia as a result of drowning. Now, the respondent is waiting for viscera report and whenever, it is received, the respondent will file the charge sheet, since already the investigation has been completed.

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4. Therefore, at this stage, if the investigation is transferred to any other investigation agency, it would affect the entire investigation already done by the respondent and this Court is not inclined to transfer the investigation in Cr.No.581 of 2023 on the file of the respondent to any other investigation agency. However, the respondent is directed to complete the investigation and file a final report in Crime No.581 of 2023, within a period of twelve weeks

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.17373 of 2023

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from the date of receipt of a copy of this order.

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5. Accordingly, this Criminal Original Petition is dismissed.

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06.02.2025