Arthi, Aged 37 Years, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.7129 of 2018 Arthi ... Petitioner Vs.

1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Deputy Superintendent of Police, Krishnagiri District.

Krishnagiri.

3.The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to transfer the investigation of the case in Crime No.55/2018 from the third respondent to the second respondent to hold on enquiry and carry the investigation on the complaint dated 12.02.2018 given by the petitioner.

For Petitioner : Dr.S.Manoharan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking for transfer of Crime No.55 of 2018, pending on the file of the third respondent.

2. The learned counsel for the petitioner would submit that the petitioner's husband was murdered and a complaint was also given to the respondent police and an FIR was registered on 12.02.2018 for an offence under Sections 302 and 201 of Indian Penal Code. The learned counsel would submit that there is no progress in the investigation and no one was arrested in this case and therefore there is no fair investigation conducted by the third respondent.

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3. The learned Additional Public Prosecutor on instructions, would submit that the accused persons were arrested and the investigation has also been completed and a final report has already been filed before the learned Judicial Magistrate No.II, Hosur, for the offence under Sections 302 and 201 of Indian Penal Code and the same is yet to be taken on file.

4. In view of the above, this Court is not inclined to transfer the investigation at this stage. The third respondent has already completed the investigation and filed a final report against the accused persons.

5. In the result, the Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar nmm/dss To 1.The Superintendent of Police, Krishnagiri District, Krishnagiri.

2.The Deputy Superintendent of Police, Krishnagiri District.

Krishnagiri.

3.The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

4.The Public Prosecutor Madras High Court, Chennai.

+1CC to M/s.S.Manoharan, Advocate SR No.80875 Crl.O.P.No.7129 of 2018 rgn (co) ssm (14/12/2018) https://hcservices.ecourts.gov.in/hcservices/