Anusuya v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9009 of 2022 Anusuya ... Petitioner Vs.

1. The Commissioner of Police, Chennai District.

2. The Deputy Commissioner of Police, T-Nagar, Chennai.

3. The State represented by, The Inspector of Police, AWPS - Vadapalani, T-Nagar, Chennai.

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to transfer the investigation, FIR in Crime No. 7 of 2021 dated 20.04.2021 pending on the file of the 3rd respondent Police to any other Police Station, Chennai. For Petitioner : Mr.J.Pranklin For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking to transfer the investigation in Crime No. 7 of 2021 dated 20.04.2021 pending on the file of the 3rd respondent Police to any other Police Station, Chennai.

2. Learned counsel appearing for the petitioner would submit that based on the complaint given by the petitioner against her husband, in respect of cruelty and cheating and suppression of earlier marriage, a case in Crime No.7 of 2021 was registered by the respondent on 20.04.2021. Subsequent to

the registration of the case, though, serious offences were made out as against the accused, the respondent police did not take any effort and steps to arrest the accused. He would further submit that the investigation is not conducted in a fair and proper manner, thereby, the present petition has been filed seeking to transfer the investigation.

3. Per contra, learned Additional Public Prosecutor would submit that the respondent has been conducting the investigation in a fair manner and subsequent to the dismissal of the anticipatory bail applications of one A.Loganathan/A1, who is the husband of the petitioner, he was arrested on 17.03.2022 and remanded to judicial custody and thereafter, he has been granted bail. He would further submit that the respondent are taking every steps to secure A2 and A3, who are the parents of the accused. He would also submit that the investigation has been completed and absconding charge sheet has been filed vide Sr.No.923 of 2022 dated 25.03.2022, before the learned XXIII Metropolitan Magistrate, Saidapet, Egmore for offences under Sections 498(A), 406 and 506(i) r/w Section 34 of IPC. He would also reiterate that A2 and A3 are still absconding.

4. Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the respondents and perused the materials available on record.

5. In view of the fact that the final report has been filed, the question of transferring the investigation will not arise. Therefore, this Criminal Original Petition stands dismissed. However, if the petitioner has any grievances, she is at liberty to take appropriate proceedings in accordance with law.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rgi To

1. The Commissioner of Police, Chennai District.

2. The Deputy Commissioner of Police, T-Nagar, Chennai.

3. The Inspector of Police, AWPS - Vadapalani, T-Nagar, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9009 of 2022 SV(CO) SU(05/05/2022)