Rajalakshmi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.3038 of 2021 Rajalakshmi

...Petitioner

Versus

1.The Superintendent of Police, Cuddalore, Manjakuppam, SP Office Campus, Cuddalore.

2.The Inspector of Police (Bhuvanagiri), Maruthur.

3.The Inspector of Police, All Women's Police Station, Chidambaram.

..Respondent Prayer:This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to direct the 1st Respondent to transfer the investigation in Crime No.9 of 2021 pending on the file of 2nd Respondent Inspector of Police, Maruthur Police Station, Cuddalore District and transfer the same to 3rd Respondent, Inspector of Police, All Women Police Station, Chidambaram and to file a fresh FIR.

For Petitioner :

Mr.K.Sundararajan.

For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor .

For RR1 to RR3.

O R D E R

This petition has been filed seeking for transfer of investigation pending on the file of the second respondent in Crime No.9 of 2021.

2. The case of the petitioner is that on 15.01.2021, the accused persons attacked the petitioner and her family members. As a result, the husband and the mother in law of the petitioner

sustained grievous injuries and the attack stopped only after the intervention of the neighbours. Thereafter, they were admitted to the Government Hospital, Chidambaram and were taking treatment.

4. The grievance of the petitioner is that the First Information Report has been registered by the second respondent in Crime No.9 of 2021 and the second respondent has very close connection with the accused persons and therefore, the petitioner is not reposing confidence in the second respondent. Therefore, the present petition has been filed before this Court seeking for transfer of investigation.

5. Heard Mr.K.Sundararajan, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing on behalf of the respondents.

6. Taking into consideration the facts and circumstances of the case and also to ensure that a fair investigation is conducted in the present case, the investigation in Crime No.9 of 2021 pending on the file of the second respondent is withdrawn and transferred to the file of the third respondent. The second respondent is directed to hand over the entire case diary to the third respondent within a period of one week from the date of receipt of a copy of this order. The third respondent immediately on receipt of the case diary, shall proceed further with the investigation effectively and complete the same as expeditiously as possible.

7. This Criminal Original Petition is disposed of with the above directions.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rli To 1.The Superintendent of Police, Cuddalore, Manjakuppam, SP Office Campus, Cuddalore.

2.The Inspector of Police (Bhuvanagiri), Maruthur.

3.The Inspector of Police, All Women's Police Station, Chidambaram.

4. The Public Prosecutor, High Court of Madras.

+2ccs to Mr. K.Sundararaj, Advocate SR No. 9123. Crl.O.P.No.3038 of 2021 JP II (CO) NRA(03/03/2021)