Sri Lakshmi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.8810 of 2018 Sri Lakshmi .. Petitioner Vs 1.The Inspector of Police K8 Arumbakkam Police Station Arumbakkam Chennai 106.

2.The Inspector of Police CBCID, Metro, Chennai.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Inspector of Police, CBCID (Metro), Chennai to take over the investigation in Cr.No.1291 of 2017 from the file of the Inspector of Police, Arumbakkam Police Station, Chennai and investigate the case afresh.

For Petitioner : Mr.A.Ganesh For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the Inspector of Police, CBCID (Metro), Chennai to take over the investigation in Cr.No.1291 of 2017 from the file of the Inspector of Police, Arumbakkam Police Station, Chennai and investigate the case afresh.

2. On the complaint lodged by Srilakshmi, the petitioner herein, the first respondent police has registered a case in Cr.No.1291 of 2017 on 03.11.2017 under Section 365 IPC against one Vijaya Unni and her husband. On a reading of the complaint it appears that the petitioner's son B.V.R.Krishna, aged about 48 years, is a widower and it is alleged by the petitioner that he is having an affair with the first accused. It is the contention of the petitioner that the accused are keeping her son Krishna under their sway and is not permitting him to meet https://hcservices.ecourts.gov.in/hcservices/

her. Admittedly, the petitioner had filed a Habeas Corpus Petition, in which, B.V.R.Krishna appeared before the Division Bench and stated that he is living away from the petitioner on his own and that he is not in the illegal custody of any person.

3. In such perspective of the matter, this Court is of the view that this is not a fit case to transfer the investigation to the CBCID. However, the Assistant Commissioner of Police, in charge of Arumbakkam Police Station, is directed to monitor the investigation in Cr.No.1291 of 2017 and either close the case or file a final report expeditiously.

With the above direction, this petition is ordered. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar To 1.Inspector of Police K8 Arumbakkam Police Station Arumbakkam Chennai 106.

2.Inspector of Police CBCID Metro, Chennai.

3.The Assistant Commissioner of Police Incharge of Arumbakkam Police Station, Chennai. 4.The Public Prosecutor High Court, Madras.

+1 CC to Mr.A. Ganesh, Advocate sr 36036 Crl.O.P.No.8810 of 2018 MP(CO) SP(26/06/2018) https://hcservices.ecourts.gov.in/hcservices/