1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No. 1599 of 2011 and M.P(MD)No.1 of 2011 Muthumari ... Petitioner/Defacto Complainant Vs. 1.The Superintendent of Police, Ramanthapuram District, Ramanthapuram. 2.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, Ramanathapuram District. Crime No.2 of 2011. 3.The Inspector of Police, C.B.C.I.D., Ramanathapuram, Ramanathapuram District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in Crime No.2 of 2011 on the file of the 2nd respondent viz. the Inspector of Police, Sayalkudi Police Station to the 3rd respondent viz., the Inspector of Police, C.B.C.I.D., Ramanathapuram. For Petitioner : Mr.A.Thiruvadikumar For Respondents : Mr.L.Murugan Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to transfer the investigation in Crime No.2 of 2011 on the file of the 2nd respondent viz. the Inspector of Police, Sayalkudi Police Station to the 3rd respondent viz., the Inspector of Police, C.B.C.I.D., Ramanathapuram. 2. Heard Mr.A.Thiruvadikumar, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel appearing for the petitioner would submit in his argument that on 09.01.2011, while the deceased viz., Murugesan, who is the husband of the petitioner herein was proceeding in the E.C.R. Road, a vehicle had hit the deceased in a rash and negligent manner and as a result of which the petitioner’s husband died. He would further submit that the said vehicle which was involved in the accident was way laid and seized by the Sikkal Police Station, Ramanathapuram District and the vehicle is a Toyota Qualis bearing Registration No.KL-5M-3281. He would further submit that even though the petitioner informed the vehicle number to the 2nd respondent, he has not mentioned the same in the F.I.R. and he left the vehicle as well as the driver and had come out with the version that an unknown vehicle had hit the deceased. He would further submit that even though the vehicle was way laid and seized by the Sikkal Police Station, the 2nd respondent has failed to take action against the driver of the said vehicle. He would further submit that as per the proceedings of the Tahsildar, Kadaladi made in Na.Ka.A3.Pa.Va.73-2001 dated 12.01.2001, he had recommended to the District Collector to transfer the case of investigation in crime No.2 of 2001 on the file of the 2nd respondent, but, till now, there is no response. He would further submit that if the 2nd respondent is permitted to continue the investigation, the petitioner will not get fair justice. Therefore, he would request the court to transfer the case from the file of the 2nd respondent to the file of the 3rd respondent. 4. The learned Government Advocate (criminal side) would submit that the 2nd respondent is doing the investigation promptly and there is no necessity to transfer the case from the 2nd respondent to the 3rd respondent C.B.C.I.D. If for any reason, this Court feels that any transfer of investigation is needed, the case may be transferred to any other police station, within the jurisdiction of the 1st respondent. 5. Considering the submissions made on either side, this Court is of the view that the case in crime No.2 of 2001 may be transferred to any other police station within the jurisdiction of the 1st respondent and may fix a time frame to complete the investigation. 6. Accordingly, the investigation of the case in crime No.2 of 2001 is ordered to be transferred to the Inspector of Police, Sikkal Police Station, Ramnad District, which is coming under the jurisdiction of the Superintendent of Police, Ramnad District, the 1st respondent herein. The Inspector of Police, Sikkal Police Station, Ramnad District is directed to complete the investigation and file the charge sheet within a period of two months from the date of receipt of a copy of this order. 7. With the above said direction, this criminal original petition is ordered. Consequently, connected miscellaneous petition is closed. SD/- Assistant Registrar (P & A) /True copy/ Sub Assistant Registrar(C.S) https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Ramanathapuram District, Ramanthapuram. 2.The Inspector of Police, Sayalkudi Police Station, Sayalkudi, Ramanathapuram District. 3.The Inspector of Police, C.B.C.I.D., Ramanathapuram, Ramanathapuram District. 4.The Inspector of Police, Sikkal Police Station, Ramnad District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr. A.Thiruvadikumar, Advocate, Sr.No.9977 vsm Crl.O.P.(MD)No.1599 of 2011 23.02.2011 TR : 08.03.2011 : 3p/7c 23.02.2011 https://hcservices.ecourts.gov.in/hcservices/