1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA CRIMINAL ORIGINAL PETITION No.3519 OF 2011 A.Valli ..Petitioner Vs. 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Deputy Superintendent of Police, Tirunelveli district. 3.The Inspector of Police, Ayakudi Circle, Tirunelveli District. 4.The Sub Inspector of Police, S.V.Karai Police Station, Tirunelveli District. 5.The Inspector of Police, CBCID, Madurai Unit, Madurai . ..Respondents Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to withdraw the crime No.178 of 2010 on the file of the 3rd respondent and transfer to 5th respondent. For Petitioner : Mr.R.Vijayakumar For Respondents : Mr.K.V.Rajarajan Government Advocate (Crl. Side) ORDER This petition has been filed by the petitioner to withdraw the crime No.178 of 2010 on the file of the 3rd respondent and transfer to 5th respondent. 2.The learned counsel appearing for the petitioner would submit that the petitioner's son Anchenneshwaran was married to one Rajathi and they are having two children. He would further submit that the petitioner's son died on 28.10.2010 at her daughter-in-law's house under suspicious circumstances and on the basis of the complaint given by her daughter-in-law Rajathi, a case has been registered under Section 174 Cr.P.C., but the 3rd respondent has not https://hcservices.ecourts.gov.in/hcservices/ 2 investigated the matter in a proper direction, even though, the petitioner has given a representation dated 18.01.2011 suspecting her daughter-in-law and her family members. He would further submit that even though, the 3rd respondent received the said representation, he has not shown any interest to investigate the matter and to file the charge sheet and hence, she has come forward with the present application. 3.Status Report has been filed by the respondent and case diary has also been produced. I have considered the submissions and perused the records. 4.The son of the petitioner Ancehnneshwaran was married to one Rajathi, who is the defacto complainant and they are having two children. Admittedly, the son of the petitioner died on 28.10.2010. Immediately, the wife of the deceased has given a complaint and on the basis of the said complaint, the case has been registered under Section 174 Cr.P.C. Post-mortem has been done and the postmortem certificate has also been received. In that, it has been specifically mentioned that postmortem was done on 29.10.2010 at 2.00 p.m and the cause for death was reserved and viscera has been sent for chemical examination. In the final opinion, it has been mentioned that no hyoid bone broken and no poison has been detected and the deceased would appear to have died due to asphyxia due to hanging. Since the petitioner herein suspecting the death of her son, she has given a representation before the respondents on 18.01.2011. Admittedly, the mother of the deceased/petitioner herein was not examined so far, which shows the lethargic attitude of the 3rd respondent that he has not taken steps to examine the mother of the deceased. Even though after filing of the present criminal original petition, making allegation against the 3rd respondent, they had not shown any interest to examine the petitioner and record her statement. 5.In such circumstances, to meet the ends of justice, instead of transferring the investigation from the 3rd respondent to the file of the 5th respondent CBCID., I am inclined to direct the 1st respondent, Superintendent of Police, Triunelveli District, to appoint a neutral officer in the rank of Deputy Superintendent of Police, to investigate the matter and to file the final report within a period of 3 months from the date of receipt of a copy of this order. 6.With the above direction, this petition is disposed of. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli. 2.The Deputy Superintendent of Police, Tirunelveli district. 3.The Inspector of Police, Ayakudi Circle, Tirunelveli District. 4.The Sub Inspector of Police, S.V.Karai Police Station, Tirunelveli District. 5.The Inspector of Police, CBCID, Madurai Unit, Madurai. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.R.Vijayakumar, Advocate SR.No.27256 Arul akm/23.8.11 /3p-8c/ Crl.O.P(MD)No.3519 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/