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R. Nanthini v. The Director General Of Police And Others

R. Nanthini v. The Director General Of Police And Others

(Before The Madurai Bench Of Madras High Court)

Criminal Original Petition No. 3709 Of 2016 | 02-03-2016

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 1st respondent to transfer the investigation in Crime No. 550 of 2015 pending on the file of the 4th respondent to the 5th respondent.)

1. This petition has been filed to direct the 1st respondent to transfer the investigation in Crime No. 550 of 2015 pending on the file of the 4th respondent to the 5th respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. it is seen that initially the case in Crime No.550 of 2015 under Section 174 Cr.P.C. has been registered and after investigation, an alteration report has been filed, including Section 306 IPC. Learned Government Advocate (Crl.Side) submits that A1 has been arrested and released on bail. As regards other accused, on account of their old age, they have been granted anticipatory bail by the Court.

4. This Court perused the Case Diary and found that the Postmortem Doctor has referred a viscera report, which states that no poison has been detected in the visceral organs. Thereafter, the Postmortem Doctor has given an opinion that the deceased appears to have died of cardiac respiratory arrest due to hanging asphyxia

5. In view of the above, this is not a fit case to transfer the investigation to CBCID and it will be in the interest of justice, if the case in Crime No.550 of 2015 is ordered to be monitored by the Superintendent of Police, Madurai.

6. Accordingly, the Superintendent of Police, Madurai / 2nd respondent herein is directed to monitor the investigation of the case in Crime No.550 of 2015, pending on the file of the 4th respondent. The respondent police is directed to expedite the investigation and file a final report in accordance with law..

With the above direction, this Criminal Original Petition is closed.

Advocate List
  • For the Petitioner R. Ganesh Prabu, Advocate. For the Respondents K.V. Rajarajan, Government Advocate (Crl.Side).
Bench
  • HON'BLE MR. JUSTICE P.N. PRAKASH
Eq Citations
  • LQ/MadHC/2016/914
Head Note

Criminal Procedure Code - Transfer of Investigation - Direction to monitor the investigation of the case - When permissible: - If a case is registered under Section 174 Cr.P.C. and an alteration report has been filed, including Section 306 IPC, and A1 has been arrested and released on bail, while other accused have been granted anticipatory bail on account of their old age. - The Postmortem Doctor has referred a viscera report, stating no poison has been detected, and given an opinion that the deceased appears to have died of cardiac respiratory arrest due to hanging asphyxia. - In such circumstances, it is not a fit case to transfer the investigation to CBCID, and it will be in the interest of justice if the case is ordered to be monitored by the Superintendent of Police. - Accordingly, the Superintendent of Police is directed to monitor the investigation of the case and expedite the investigation to file a final report in accordance with the law.