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Madras High CourtCRL OP/11714/2016disposed of

Meenakshi v. The District Superintendent Of

2019-04-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.11714 of 2016 Meenakshi ... Petitioner/Defacto Complainant Vs.

1.The District Superintendent of Police, Vivekanandha Salai, Ramnagar, Coimbatore.

2.The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.158 of 2015, pending on the file of the 2nd respondent to the 1st respondent in the interest of justice.

For Petitioner : Mr.A.E.Ravi Chandran For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to transfer the investigation in Crime No.158 of 2015, pending on the file of the second respondent to the first respondent. 2.The learned counsel for the petitioner would submit that one Maragathamani of Devempalayam and Geetha of Periyanaickenpalayam, who were the money lenders to whom petitioner's son Sakthivel gave his property situated at Sakkar Samakkulam as security and received money as loan. The said money lenders demanded exorbitant interest from the petitioner's son. Due to the torture given by the said money lenders, petitioner's son was unable to bear the pressure and committed suicide in the petitioner's house on 08.07.2016. 3.The learned Additional Public Prosecutor would submit that the second respondent police is conducting investigation and the same is yet to be disposed of.

4.Heard, Mr.A.E.Ravi Chandran, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional https://hcservices.ecourts.gov.in/hcservices/

Public Prosecutor appearing for the first and second respondents and perused the materials available on record. 5.It is seen from the records that the FIR registered in the year 2015. After a period of four years, transfer of investigation cannot be considered and it would affect the investigation.

6.Considering the facts and circumstances of the case, this Court does not want to interfere with the investigation at this stage. However, the second respondent is directed to complete the investigation and file a final report within a period of eight weeks from the date of receipt of a copy of this order. The first respondent is also directed to monitor and also ensure that the second respondent shall file a final report as stipulated by this Court.

7.With the above direction, this Criminal Original Petition is disposed of.

pam -sd/- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The District Superintendent of Police, Vivekanandha Salai, Ramnagar, Coimbatore.

2.The Inspector of Police, Kovilpalayam Police Station, Coimbatore.

3.The Public Prosecutor, High Court, Chennai - 104.

C.C. to MR.A.E.RAVICHANDRAN Advocate SR.NO. 40555 SAI (CO) VS 03.06.2019 CRL.O.P.No.11714 of 2016 https://hcservices.ecourts.gov.in/hcservices/