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2025 DAILYLAW 21816 (MAD)

NIRMALA v. THE SUPERINTENDENT OF POLICE

CRL OP/5186/2024 · 2025-03-18

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No. 5186 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5186 of 2024 Nirmala ... Petitioner Vs. 1.The Superintendent of Police, Thiruvallur, Thiruvallur District. 2. The Inspector of Police, Tiruttani Police Station, Thiruvallur District. (Crime No.205/2022) 3. The Superintendent of Police, Crime Branch, Crime Investigation Department, North Zone, Pantheon Road, Egmore, Chennai. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue a direction to transfer the investigation in Crime No.205 of 2022 on the file of the second respondent to the third respondent or any other specialized agency. For Petitioner : Mr.C.Iyyappa Raj https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 O R D E R Today, the matter is posted before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner. 2. The learned counsel appearing for the petitioner submitted that this Court by an order dated 18.03.2025, disposed the petition with direction to the second respondent to complete the investigation in Crime.No.205 of 2022 and file final report. However, in Para 2 of the order, instead of 1.00 a.m, it has been inadvertently typed as 1.00 p.m. Hence he prayed for necessary direction in the said portion of the order. 3. Considering the above submissions, the para No.2 of the order dated 18.03.2025 in Crl.O.P.No.5186 of 2024 shall read as follows :- “ 2. On the complaint lodged by the petitioner, the second respondent registered the FIR in Crime No.205 of 2022 for the offences punishable under Sections 279 & 304(A) of IPC, alleging that the petitioner married the deceased 20 years back and her husband was working as a security in the private sector. On 17.05.2022, at about 1.00 a.m., the deceased was hit by an unidentified vehicle near Tiruttani bus stand, which resulted the fatal” Remaining portion of the order shall remain unaltered. https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 4. Registry is directed to carryout the above corrections and issue order copy afresh. 04.07.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Nhs https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 G.K.ILANTHIRAIYAN, J. Nhs To 1.The Superintendent of Police, Thiruvallur, Thiruvallur District. 2. The Inspector of Police, Tiruttani Police Station, Thiruvallur District. (Crime No.205/2022) 3. The Superintendent of Police, Crime Branch, Crime Investigation Department, North Zone, Pantheon Road, Egmore, Chennai. 4.The Public Prosecutor, High Court, Madras. Crl.O.P.No.5186 of 2024 04.07.2025 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5186 of 2024 Nirmala ... Petitioner Vs. 1. The Superintendent of Police, Thiruvallur, Thiruvallur District. 2. The Inspector of Police, Tiruttani Police Station, Thiruvallur District. (Crime No.205/2022) 3. The Superintendent of Police, Crime Branch, Crime Investigation Department, North Zone, Pantheon Road, Egmore, Chennai. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to issue a direction to transfer the investigation in Crime No.205 of 2022 on the file of the second respondent to the third respondent or any other specialized agency. For Petitioner : Mr.C.Iyyappa Raj For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 O R D E R This Criminal Original Petition has been filed to transfer the investigate in Crime No.205 of 2022 from the file of the second respondent to the file of the third respondent. 2. On the complaint lodged by the petitioner, the second respondent registered the FIR in Crime No.205 of 2022 for the offences punishable under Sections 279 & 304(A) of IPC, alleging that the petitioner married the deceased 20 years back and her husband was working as a security in the private sector. On 17.05.2022, at about 1.00 p.m., the deceased was hit by an unidentified vehicle near Tiruttani bus stand, which resulted the fatal. 3. On instruction, the learned Government Advocate (Crl. Side) appearing for the respondents submitted that the second respondent proceeded with the investigation and even after verification of CCTV footage, the second respondent could not able to find out the offender, who hit the deceased and still the investigation is going on. Page 6 of 4 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 4. Considering the above submissions, this Court feels that at this stage, if the case is transferred to other investigation agency, the entire investigation done by the second respondent would affect. Therefore, this Court is not inclined to transfer the investigation. However, the second respondent is directed to complete the investigation in Crime No.205 of 2022 and file final report within a period of twelve weeks from the date of receipt of a copy of this Order. The first respondent is directed to monitor the investigation done by the second respondent. 5. With the above directions, the Criminal Original Petition stands disposed of. 18.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No. 5186 of 2024 G.K.ILANTHIRAIYAN, J. rts To 1. The Superintendent of Police, Thiruvallur, Thiruvallur District. 2. The Inspector of Police, Tiruttani Police Station, Thiruvallur District. 3. The Superintendent of Police, Crime Branch, Crime Investigation Department, North Zone, Pantheon Road, Egmore, Chennai. 4. The Public Prosecutor, Madras High Court, Chennai. Crl.O.P.No.5186 of 2024 18.03.2025 https://www.mhc.tn.gov.in/judis