Sumithra v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Sumithra ... Petitioner Vs.

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

2.The Inspector of Police, Aavinangudi Police Station, Cuddalore District.

(Crime No.252 of 2022) ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to pass an order of direction, directing the 1st respondent to Transfer the Investigation in Crime No.252 of2022 on the file of the Inspector of Police, Aavinankudi Police Station, the 2nd respondent herein to any other police officer for fair Investigation in accordance with law to secure the ends of justice. For Petitioner : Mr.M.Velmurugan For Respondents : Mr.S.Santhosh Government Advocate (Criminal side)

ORDER

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This Criminal Original Petition has been filed for directing the 1st respondent to Transfer the Investigation in Crime No.252 of2022 on the file of the Inspector of Police, Aavinankudi Police Station, the 2nd respondent herein to any other police officer for fair Investigation in accordance with law to secure the ends of justice.

2. Learned counsel for the petitioner submitted that, on the basis of the complaint given by petitioner's father, First Information Report in Crime No.252 of 2022 was registered on 30.12.2022 for the offences under Sections 294(b), 323, 355, 506(i) r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act. So far, no one was arrested in this case and final report is not filed, necessitating filing of this petition.

3. In response, learned Government Advocate (Criminal side) submitted that, on the basis of the complaint given by one Rajini against the petitioner, First Information Report was registered in Crime No.253 of 2022. In both the cases, investigation is in progress. Once the wound certificate is obtained, final 2/4

report would be filed.

4. Considered the submissions and perused the records.

5. In the light of the submissions of learned Government Advocate (Criminal side) that there are two cases counter to each other and investigation in both the cases are pending, this Court is of the view that investigation is progressing in the right manner. Therefore, it is not necessary to order transfer of investigation.

6. Accordingly, this Criminal Original Petition dismissed, giving direction to the respondent police to file final report within a period of three months from the date of receipt of a copy of this Order.

27.03.2023 Internet : Yes / No Index : Yes / No Speaking/Non speaking order gd G.CHANDRASEKHARAN,J.

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gd To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Aavinangudi Police Station, Cuddalore District.

3.The Public Prosecutor Madras High Court.

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