A.Nathiya v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:10.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G. K. ILANTHIRAIYAN Crl.O.P.No.145 of 2019 A. Nathiya, (F/29), W/o. Arun Balaji, No.4, M. R. F. Back Side, Thiruvotriyur, Chennai - 19.

... Petitioner Vs.

1.The Inspector of Police, W-2, All Woman Police Station, Triplicane, Chennai.

2.J. Arun Balaji, (M/30), S/o. K. Jayabalan, 3.J. Pongothai, (F/48), W/o. K. Jayabalan, 4.K. Vijayalakshmi, (F/35), W/o. K. R. Kamalakar, (R2 to R4 are residing at No.17/8, Venkatarangam Pillai Street, Triplicane, Chennai - 600 005.) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the Crime No.3 of 2018 from the 1st respondent on the file of the W-2, All Women Police Station, Triplicane, Chennai to transfer the same to any of the competent any All Women Police, Chennai.

For Petitioner : Mr. Mohammed Aasif For R-1 : Mr.S. Karthikeyan, Additional Public Prosecutor.

O R D E R

The petition has been filed for transfer of investigation in Crime No. 3 of 2018 on the file of the 1st respondent to transfer the same to any of the competent any All Women Police, Chennai. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Public Prosecutor submitted that on the complaint lodged by the petitioner, the case was registered in Crime No.3 of 2018 for the offence under Section 498 A of IPC and other offences under IPC Sections as against the accused persons. While FIR is pending, the jewels and other house hold articles were returned by the accused persons after receipt of the same and also the petitioner acknowledged the same. Thereafter, the petitioner never co-operated for investigation with the respondent police and only because of her absence the case is pending on the file of the 1st respondent police.

3. Considering the above facts and circumstances, this Court is not inclined to grant prayer sought for in this petition. Accordingly, this Criminal Original Petition is liable to be dismissed.

4. However, the 1st respondent is directed to complete the investigation and to file a final report within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is dismissed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar SSI To 1.The Inspector of Police, W-2, All Woman Police Station, Triplicane, Chennai.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.145 of 2019 BR(CO) SP(30/09/2020) https://hcservices.ecourts.gov.in/hcservices/