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Madras High CourtCRL OP/4828/2022disposed of

K.Aswini v. The Superintendent Of Police

2022-03-04Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4828 of 2022 K.Aswnini

...Petitioner

Vs.

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

2.The Inspector of Police, M-3, Puzhal Police Station, Puzhal, Chennai 66.

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the 1st respondent police to transfer the investigation of the case in Crime No.51 of 2021 on the file of the 2nd respondent police to any other investigation officer. For Petitioner : Mr.K.S.Ilangovan For Respondent : Mr.V.Meganathan Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent police to transfer the investigation of the case in Crime No.51 of 2021 on the file of the 2nd respondent police to any other investigating officer.

2. The learned counsel for the petitioner would submit that the petitioner and her family members were brutally assaulted by the accused/Saroja and seven others. The entire proceedings has been recorded and the video recording is available with the Petitioner. Based on the complaint given by the petitioner, the respondent has registered a case in Crime No.51 of 2021 for the offences under Section 147, 447, 448, 294(b), 323, 324 & 506(ii) of IPC. The accused had given a false counter complaint to the respondent police. Based on which, the respondent has also registered a case in Crime No.50 of 2021

against the petitioner. Despite, video recording of the entire episode available, the respondents are not taking any action against the accused in this case. Thereby, the present petition has been filed seeking to transfer the case to some other Investigating Officer.

3.Mr.V.Meganathan, learned Government Advocate (crl.side) would submit that on the complaint given by the petitioner, a case in Crime No.51 of 2021 has been registered. It is a dispute between close relatives and on the counter complaint given by the counter party, a case in Crime No.50 of 2021 has also been registered. He would further submit that investigation has been done in a proper manner.

4. Heard both sides and perused the materials available on record.

5. Taking into consideration the fact that the case was registered on 14.02.2021 and it is the grievance of the Petitioner that investigation is not conducted in a proper manner, this Court is of the opinion, superior officer viz., The Assistant Commissioner of Police, Puzhal may be directed to monitor the investigation in both the cases.

6. In view of the above, the Inspector of Police, M-3, Puzhal Police Station is directed to complete the investigation in Crime No.50 of 2021 and Crime No.51 of 2021 at the earliest and he shall file the final report as expeditiously as possible, preferably within a period of three months from today. The Assistant Commissioner of Police, Puzhal shall monitor the investigation.

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

s/d- Assistant Registrar True Copy Sub-Assistant Registrar shk/sai

To 1.The Assistant Commissioner of Police Puzhal, Chennai 2.The Superintendent of Police, Thiruvallur District, Thiruvallur.

3.The Inspector of Police, M-3, Puzhal Police Station, Puzhal, Chennai 66.

4.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.K.S.Ilangovan, Advocate sr 15145. Crl.O.P.No.4828 of 2022 PMK(CO) SP(22/03/2022)