Madras High CourtCRL OP/7765/2023allowed

Sarumathi v. The State Rep By The Superintendent Of Police

2023-04-11Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.

P.No.7765 of 2023 Sarumathi ... Petitioner Vs.

The State rep. by

1. The Superintendent of Police, O/o Superintendent of Police, Perambalur District.

2.The Inspector of Police Perambalur Police Station, Perambalur District.

3.The Inspector of Police, District Crime Branch, Perambalur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to direct the 1st respondent to transfer the investigation pending on the file of the 2nd respondent in crime no.742/2022 to the 3rd respondent pursuant to representation dated 17.02.2023 and file a fresh FIR.

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For Petitioner : Mr.R.Thirumoorthy For Respondents : Mr.S.Santosh, Govt. Advocate (Crl.Side)

O R D E R

The petition is filed to direct the 1st respondent to transfer the investigation pending on the file of the 2nd respondent in Crime No.742/2022 to the 3rd respondent pursuant to the representation dated 17.02.2023 and file a fresh FIR.

2. The learned counsel for the petitioner would submit that ever since the date of registration of FIR, no worthwhile action has been taken by the respondent. Hence, the present petition has been filed.

3. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that, based on the complaint lodged by the petitioner, the respondent police has registered the FIR in Crime No.742 of 2022, in which, investigation is under progress. He further submits that the 1st respondent would consider the representation of the petitioner and pass orders on merits and seeks four weeks time to consider the same. 2/4

4. Recording the same, the 1st respondent police is directed to consider the representation of the petitioner dated 17.02.2023 on merits and pass orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5. With the above observations, the Criminal Original Petition is disposed of.

11.04.2023 Index : Yes/No Internet : Yes/No shr To

1. The Superintendent of Police, O/o Superintendent of Police, Perambalur District.

2.The Inspector of Police Perambalur Police Station, Perambalur District.

3.The Inspector of Police, District Crime Branch, Perambalur District.

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SUNDER MOHAN. J, shr 11.04.2023 4/4