K.Usha Nandhini v. Deputy Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Usha Nandhini ... Petitioner Vs

1. The Deputy Commissioner of Police, Adyar, Chennai.

2. The Inspector of Police, Neelankarai Police Station, Chennai 600 115.

(Cr.No.412 of 2022)

3. The Inspector of Police, CBCID, Headquarters Office, Old Commissionerate Office, Egmore, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to transfer the investigation in Cr.No.412 of 2022 on the file of the second respondent to the file of the third respondent.

For Petitioner : Mr.S.Elango For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Cr.No.412 of 2022 on the file of the second respondent to the file of the third respondent.

2. Heard both sides and perused the materials placed on record.

3. On the complaint lodged by the petitioner, the second respondent registered FIR in Crime No.412 of 2022 under "Man Missing", alleging that the husband of the petitioner was missing. In fact, the petitioner also filed Habeas Corpus Petition before this Court in H.C.P.No.353 of 2023. The Hon'ble Division Bench of this Court, by an order dated 21.08.2023 disposed of the petition directing to proceed with the investigation.

4. Therefore, at this juncture, if the investigation on the file of the second respondent is transferred to the file of the third respondent, it would affect the entire investigation already done by the second respondent.

5. In view of the above, this Court is not inclined to transfer the

investigation in Cr.No.412 of 2022 on the file of the second respondent to the file of the third respondent. However, the second respondent is directed to complete the investigation in Crime No.412 of 2022 and file a final report within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition stands dismissed. 07.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Deputy Commissioner of Police, Adyar, Chennai.

2. The Inspector of Police, Neelankarai Police Station, Chennai 600 115.

3. The Inspector of Police, CBCID, Headquarters Office, Old Commissionerate Office, Egmore, Chennai.

4. The Public Prosecutor, High Court, Madras.

07.04.2025