Shanmuga Priya v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.4749 of 2021 Shanmga Priya .. Petitioner Vs.

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

2. The Inspector of police, All Women Police station, Perambalur District.

.. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to transfer the case in Cr.No.8/2020 from the file of the 2nd respondent to any other investigation agencies to secure the ends of justice. For Petitioner : Mr.M.Velmurugan For Respondents : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.8 of 2020, pending on the file of the 2nd respondent.

2.

Based on the complaint given by the petitioner, an FIR came to be registered by the 2nd respondent in Crime No.8 of 2020 for an offence under Section 294(b), 417, 376 of IPC. According to the petitioner, the respondent police called the accused person to the police station and the accused person also agreed to marry the petitioner and a Thalli was also tied around the neck of the petitioner. Thereafter, the accused person has managed to escape and go abroad. The grievance of the petitioner is that no effective steps have been taken to secure the accused person.

3.

Mrs.Jaya Chitra, Inspector of Police, was present at the time of hearing. The learned Additional Public Prosecutor on instructions submitted that the statement of the victim has been recorded under Section 164 of Cr.PC by the learned Judicial Magistrate, Perambalur and a medical examination has also been conducted. Since the accused person has absconded and gone abroad,

look out circular has also been issued and effective steps are being taken to secure the accused person and also complete the investigation at the earliest possible time.

4.

Taking into consideration the facts and circumstances of the case and also of the fact that the 2nd respondent has progressed well with the investigation, there is no scope for transfer the investigation in this case. The 2nd respondent shall take effective steps to secure the accused person and if the same is getting delayed, the investigation shall continue on all the other aspects and the final report shall be filed as early as possible and preferably within a period of six months from the date of receipt of copy of this order. 5.

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

09.03.2021 Index :Yes/No Internet:Yes/No rka To

1. The learned Judicial Magistrate, Perambalur

2. The Superintendent of Police, Perambalur District, Perambalur.

3. The Inspector of police, All Women Police station, Perambalur District.

4. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

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Crl.O.P.No.4749 of 2021 09.03.2021