Sripriya v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15202 of 2015 Sripriya .. Petitioner/Defacto Complainant Vs 1.The Superintendent of Police, Salem District Police, Salem.

2.The Inspector of Police, Theevattipatti Police Station, Theevattipatti, Salem District.

(Cr.No.732 of 2015) .. Respondents/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to appoint any other Officer, who is competent to investigate the case in Cr.No.732 of 2014 on the file of the second respondent for further investigation and to take further action in accordance with law. For Petitioner :Mr.V.C.Selvasekaran For Respondents :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the first respondent police to appoint any Officer, who is competent to investigate the case in Cr.No.732 of 2014 on the file of the second respondent for further investigation and to take further action in accordance with law, the petitioner has come up with this petition.

2. On a complaint lodged by the petitioner /defacto complainant, the respondent police have registered a case in Crime No.732 of 2014 for an offence under Section 366 (A) I.P.C.

3. The allegation of the petitioner is that her minor daughter was kidnapped by the accused. The respondent police secured the victim minor girl and produced before the learned Judicial Magistrate, Omalur on 20.01.2015. At the time of producing the victim minor girl, it was found that she was in family way. The petitioner appeared before the learned Judicial Magistrate and refused to take her minor daughter back to home and therefore, the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate was forced to pass an order to keep the victim minor girl in a Life Line Trust, Salem. Now, the petitioner has come forward with this petition, making an allegation against the investigation officer that the investigation is perfunctory and seeks for transfer of investigation.

4. This Court perused the materials and found that there are no sound reasons for coming to a conclusion that the investigation is not proceeding in the proper lines. Admittedly, the victim girl is pregnant and she has to deliver the child and only thereafter, DNA test can be done.

5. Under such circumstances, this Court directs the Deputy Superintendent of Police, Omalur Sub-division, Theevattipatti Police Station, to monitor the investigation in Crime No.732 of 2014.

6. With the above said direction, this Criminal Original petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Salem District Police, Salem.

2.The Inspector of Police, Theevattipatti Police Station, Theevattipatti, Salem District.

(Cr.No.732 of 2015).

3. The Deputy Superintendent of Police, Omalur Sub Division, Theevattipatti Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

Crl.OP No.15202 of 2015 PUR(CO) EU 06.07.15 https://hcservices.ecourts.gov.in/hcservices/